The Supreme Court (SC) has dismissed a petition seeking to compel the Commission on Elections (COMELEC) to perform manual vote counting at the precinct level, affirming that the poll body possesses the constitutional mandate to determine the most effective electoral methods.
In a full court decision penned by Associate Justice Maria Filomena D. Singh and released on May 14, the High Tribunal ruled that the Automated Election System (AES) is designed to modernize the process, rendering manual tabulation unnecessary under existing laws.
The case originated from a petition filed by a group led by Bishops Gerardo A. Alminaza and Jose C. M. Bagaforo. The petitioners argued that the COMELEC’s refusal to implement manual counting constituted a “grave abuse of discretion,” claiming that the law still requires official ballots to be read publicly by election inspectors to ensure transparency.
However, the SC clarified that Republic Act No. 9369, or the Automated Election Law, does not mandate a simultaneous manual count.
“Instead, it requires the AES to include a Voter Verifiable Paper Audit Trail (VVPAT) system and other minimum system capabilities which are the minimum safeguards provided by Law.”
The Court further explained that the VVPAT mechanism serves as the primary transparency tool for the modern era.
“The mechanism allows voters to confirm their ballots and provides an inherent safeguard, rendering a precinct-level manual count unnecessary.”
Addressing the petitioners’ concerns over coded election data, the SC maintained that the legislative intent of RA 9369 was a definitive “policy shift” toward a secure, tamper-proof automated system.
The Court noted that insisting on manual counting as a primary method contradicts established jurisprudence and the spirit of the law.
Ultimately, the High Tribunal found no evidence of arbitrary action on the part of the poll body.
“In sum, Alminaza, et al’s allegations of grave abuse of discretion fail to demonstrate any capricious, whimsical, or arbitrary action on the part of the COMELEC. The AES is equipped with sufficient transparency safeguards, and the absence of a manual counting requirement does not constitute a denial of due process.”