‘No Bio, No Boto’ policy ng COMELEC, pansamantalang pinigil ng Korte Suprema
admin • December 2, 2015 • 2118
Pansamantalang pinatitigil ng Korte Suprema ang pagpapatupad ng “No Bio, No Boto” policy ng COMELEC.
MANILA, Philippines — Pansamantalang pinipigil ng Supreme Court ang implementasyon ng “No Bio, No Boto” policy ng COMELEC.
Isang TRO o temporary restraining order ang inilabas ng Korte Suprema at pinagbabawalan ang COMELEC na i-deactivate o alisin sa kanilang listahan ang mga rehistradong botante na walang biometrics.
Pahayag ni Supreme Court Spokesperson Atty. Theodore Te, “The court resolve to take the following actions on the petition for certiorari and prohibition challenging COMELEC Resolution Nos. 9721, 9863 and 1003 and RA 10367 (An Act Providing for Mandatory Biometrics Voter Registration): — issue a temporary restraining order effective immediately and continuing until further orders from the court directing the respondent COMELEC to desist from deactivating registered voters without biometric information.”
Ikinatuwa naman ng Kabataan Partylist ang inilabas na TRO ng Korte Suprema na isa umanong relief para sa mahigit 3 milyong botante na nanganganib na mawalan ng karapatan bumoto sa darating na halalan.
Gayunman, mananatili umano silang nakabantay hanggang sa tuluyang ipawalang-bisa ng Korte Suprema ang nasabing polisiya.
Samantala, pinasasagot din ng Korte ang COMELEC at ang opisina ng solicitor general sa inihaing petisyon ng iba’t ibang grupo sa pangunguna ng Kabataan Partylist.
Hinihiling sa naturang petisyon na ideklarang labag sa konstitusyon ang nasabing polisiya at ipatigil ang implementasyon ng Republi Act 10367 o ang Mandatory Biometrics Voter Registration.
Malinaw na ipinagbabawal sa Saligang Batas ang pagtatakda ng substantive requirement bago makaboto ang isang tao gaya ng naabot nitong edukasyon o kaya ay ang pagkakaroon ng mga ari-arian.
Labag din umano sa due process ang “No Bio, No Boto” dahil basta na lamang tinatanggal ng COMELEC sa kanilang listahan ang mga botanteng walang biometrics kahit pa aktibo silang bumuboto sa nakalipas na mga halalan.
Sa datos na inilabas mismo ng COMELEC, mahigit 3 milyong botante pa ang walang biometrics at nanganganib na hindi makaboto sa darating na halalan sa Mayo.
Giit pa ng mga petitioner, may iba namang pamamaraan ang COMELEC upang matiyak ang pagkakakilanlan ng mga botante. (RODERIC MENDOZA / UNTV News)
Majority of the Filipinos still favor continuing the holding of elections through an automated system in the future.
Based on Pulse Asia’s recent survey conducted last June, nine of 10 or 91% of Filipinos would still prefer having the elections done electronically.
They said an automated election system is faster and the results are immediately released.
“They feel that faster results made the Elections more credible and then it’s also easier compared to let’s say how we use to vote where you have to write the surname of the candidate,” Pulse Asia president Dr. Ronnie Holmes said.
An election watchdog, however, said that since election results were difficult to manipulate under the AES, reports of vote-buying increased.
“Vote buying became more rampant after we automated our Elections because candidates, politicians did not know how to cheat the machines,” said LENTE executive director Atty. Ona Carritos.
The Commission on Elections (Comelec) believes that President Rodrigo Duterte still trusts the automated election system despite his earlier pronouncement in his State of the Nation Address (SONA) favoring the termination of the contract with Smartmatic. (with details from Aiko Miguel) /mbmf
The Office of the President has distanced itself from the Supreme Court (SC) decision that lifted the temporary restraining order (TRO) on the hearing of the case against former president Benigno Aquino III on the Mamasapano encounter.
Presidential spokesperson Salvador Panelo has refused to further comment on the issue as the palace would not want to be accused of meddling with the decision of the judiciary which is a co-equal branch of government.
“[W]e refuse to comment on the action undertaken by the Supreme Court, which belongs to a separate and independent branch of government from ours. We cannot and we do not intend to interfere with the functions of other branches which are distinct from the Executive,” Panelo said.
The palace, he added, would rather see the judicial process roll on its own accord.
“We will, as usual, let the law take its course,” Panelo said. (with details from Rosalie Coz) /mbmf
The Supreme Court has lifted the temporary restraining order (TRO) it had issued on the Mamasapano trial at the Sandiganbayan.
SC spokesperson Brian Keith Hosaka in a statement on Wednesday said that the justices have voted the lifting of the temporary restraining order during Tuesday’s en banc session.
“I would like to confirm that the Supreme Court has lifted the TRO on the Mamasapano trial before the Sandiganbayan,” Hosaka’s statement said.
“With the lifting of the TRO, the Sandiganbayan may now proceed with the trial and act on pending matters filed before it,” he added.
The decision is expected to pave the way for possible action on the withdrawal of the graft and usurpation of authority charges against former President Benigno Aquino III in connection with the Mamasapano clash that killed 44 Special Action Force (SAF) commandos on January 25, 2015.
The charges were filed with the Sandiganbayan in November 2017 by then Ombudsman Conchita Carpio-Morales.
Charged with Aquino were former Philippine National Police chief Alan Purisima and former PNP-SAF director Getulio Napeñas, Jr.
Aquino was scheduled to be arraigned, but the SC issued a TRO that halted the proceedings in the case in February last year, acting on a petition by relatives of two of the slain elite policemen that Aquino be charged instead with reckless imprudence resulting in homicide.
In June this year, Ombudsman Samuel Martires moved to withdraw the graft and usurpation charges against the former president, saying he found no sufficient ground and evidence.
Martires, however, added that his decision was without prejudice to the filing of appropriate charges against the accused after the conduct of a preliminary investigation.
In July, Sandiganbayan, on the other hand, said the anti-graft court will wait for the SC to lift the TRO before it could act on the Ombudsman’s motion. (with details from Mai Bermudez) /mbmf
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