...ARATUC V. COMELEC G.R. No. L-49705-09 February 8, 1979 TOMATIC ARATUC, SERGIO TOCAO, CISCOLARIO DIAZ, FRED TAMULA, MANGONTAWAR GURO and BONIFACIO LEGASPI, petitioners, vs. The COMMISSION ON ELECTIONS, REGIONAL BOARD OF CANVASSERS for Region XII (Central Mindanao), ABDULLAH DIMAPORO, JESUS AMPARO, ANACLETO BADOY, et al., respondents Nature: Petition for certiorari to review the decision of the respondent Comelec resolving their appeal from the respondent Regional Board of Canvassers for Region XII regarding the canvass of the results of the election in said region for representatives to the I.B.P. held on April 7, 1978. Facts: Tomatic Aratuc et al. sought the suspension of the canvass then being undertaken by respondent Board in Cotabato city. A supervening panel headed by Commissioner of Elections, Hon- Venancio S. Duque, had conducted of the complaints of the petitioners therein of alleged irregularities in the election records in the voting centers. Before hearing, the canvass was suspended. After hearing the parties, the Court allowed resumption of the canvass but issued guidelines to be followed but thereafter modified. On July 11, 1978, respondent Board terminated its canvass and declared the result of the voting. The petitioners brought the resolution...
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...instrument of national policy. Likewise, the government shall support parents in educating the youth for good citizenship and promote social justice for the well-being and economic security of the people. Case study Commission on election Petitioner Rev. Elly Velez Pamatong filed his Certificate of Candidacy for President on December 17, 2003. Respondent Commission on Elections (COMELEC) refused to give due course to petitioner’s Certificate of Candidacy in its Resolution No. 6558 dated January 17, 2004. The decision, however, was not unanimous since Commissioners Luzviminda G. Tancangco and Mehol K. Sadain voted to include petitioner as they believed he had parties or movements to back up his candidacy. On January 15, 2004, petitioner moved for reconsideration of Resolution No. 6558. Petitioner’s Motion for Reconsideration was docketed as SPP (MP) No. 04-001. The COMELEC, acting on petitioner’s Motion for Reconsideration and on similar motions filed by other aspirants for national elective positions, denied the same under the aegis of Omnibus Resolution No. 6604 dated February 11, 2004. The COMELEC declared petitioner and thirty-five (35) others nuisance candidates who could not wage a nationwide campaign and/or are not nominated by a political party or are not supported by a registered political party with a national constituency. Commissioner Sadain maintained his vote for petitioner. By then, Commissioner Tancangco had retired.cralawIn this Petition For Writ of Certiorari...
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...Automated Election System Does automation = clean elections? Possible Problems: Preliminary Results Technical Briefing What is the AES? l “A system using appropriate technology which has been demonstrated in the voting, counting, consolidating, canvassing, and transmission of election result, and other electoral process” process” Public perception of the AES It would lead to clean elections l Cheating would be impossible in an automated election l AES System l Election Management System (EMS) Configuration of precinct data l Election Mark– Up Language (EML) Mark– l l Precinct– Precinct–Count Optical Scan (PCOS) System l Precinct Machine BOC Computer l Consolidation / Canvassing System (CCS) l PCOS Machine SMARTMATIC AUTOMATED ELECTION SYSTEM (SAES 1800) SAES 1800 lPrecinct Count Optical Scan / Optical Mark Reader (OMR) • Detects the absence or presence of a mark in predefined positions on a form SAES 1800 Components RF Key Thermal Printer •2-1/4 inch roll paper •Rated to last 5 years Digital Scanner •4-bit mono – color scanner •16 shades of gray Processor And Memory Not Specified Compact Flash (CF) Card Input / Output Ports •CF Card Reader •UTP Ethernet Port •Disabled USB •RJ – 11 Modem Port Ballot Box Cast and Return •Buttons Disabled Display • Touch screen, mono-color display •Quarter VGA in size, 320x240 pixels Ballot Boxes with Transparent Panels Compartments the Ballot Box in Transparent Panels ...
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...TITLE: COMELEC WALANG BALAK NA I-EXTEND ANG REGISTRATION NG MGA BOTANTE NEWSWRITER: RD BAUTISTA 1. ANNCR: KINUMPIRMA NG COMMISION ON ELECTIONS O COMELEC NA 2. WALANG EXTENSION NA MAGAGANAP SA PAG-AAPLAY NG MGA 3. BOTANTE ITO AY UPANG MABIGYANG-DAAN ANG PAGLILINIS NG 4. LISTAHAN NG MGA BOTANTE SA DARATING NA ELEKSYON. PARA SA 5. PRIMERANG BALITA, NARITO SI RD ARIAS BAUTISTA. 6. VOICER: HABANG PALAPIT NANG PALAPIT ANG ARAW NG ELEKSYON, 7. KABI-KABILA NA ANG PAGHIMOK NG COMELEC SA MGA KWALIPIKADONG 8. MAMAMAYAN NA MAG-APLAY NA UPANG SA GANOON AY MAKAPAG- 9. REHISTRO NA. 10. VOICER:SI MONICA NON , ISANG FIRST TIME VOTER AY NAGBABALAK 11. NANG MAGSUMITE NG APLIKASYON UPANG MASIGURO NA SIYA AY 12. MAKAKABOTO SA ELEKSYON. DAGDAG PA NIYA, HINDI NA RAW 13. PRAKTIKAL NA MAGPAHULI SA PAG-AAPLAY. 14. SOT: MONICA NON, first time voter and second year student “Parang anon a rin 15. yun eh kasama dun yung responsible voting kumbaga. Kasi after the election 16. date nagstart na agad yung panibagong registration so parang nasa tao na ang 17. haba ng oras magpapaextend ka pa.” 18. SAMANTALA, OKTUBRE ATRENTA’Y UNO NAMAN ANG HULING ARAW NG 19. PAG-AAPLAY NA ITINAKDA NG COMELEC PARA SA ELEKSYON SA 20. SUSUNOD NA TAON. SINABI RIN NG TAGAPAGSALITA NG COMELEC NA 21. SI JAMES JIMENEZ SA RESPONSIBLE VOTER’S SEMINAR SA 22. PAMANTASANG DE LA SALLE DASMARINAS NITONG MIYERKULES, 23....
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...year, only 10 colleges and faculties had automated elections. Except for a brief power interruption last Feb. 20, which delayed voting at the Conservatory of Music, Education High School and UST High School, Tabon said the new polling scheme was “implemented well.” “The loss of electricity supply caused a slight delay in voting in some colleges. But it did not affect the voters’ turnout because the election proceeded after the power supply returned,” said Abadenzio Rexzy Tabon, chairman of the Central Commission on Elections (Comelec). Overall, voter turnout did not improve. In last year’s elections, 22,515 Thomasians voted. This year, 22,229 students cast their votes, more than half of roughly 40,000 students in the University. Preparations Tabon said a University-wide automated election was first proposed during the summer planning of Central Comelec officials. Thereafter, the Central Comelec met with officials of college-level Comelec units to discuss the plan. The College of Nursing and the Faculty of Civil Law were the first to have automated elections two years ago. Lack of resources hampered previous efforts to automate the polls. In previous elections, student leaders preferred to stay in school overnight, guard the counting of ballots, and wait for the proclamation of winning candidates. However, Tabon said it was “time to create a new tradition in the University” and ensure honest and quick elections. The Educational Technology Center provided technical...
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...Chapter 2 Review of Related Literature International and Municipal Concept of Elections Living in a democratic country, the very subject of our government is its citizens. Panganiban (2009) stressed that the citizens’ role is not to substitute for and do what our officials should be doing. The citizens’ job is to perform oversight functions, that is, to demand that only the most qualified are elected or appointed, and then to insist that these public officials perform their duties ethically, courageously and competently. Otherwise, if these officials cannot or would not do their jobs properly, the citizens should ask for their resignation, impeachment or dismissal and their replacement by the ethical, the courageous and the competent. That is why according to ARTICLE V of the Philippine Constitution, the right to suffrage may be exercised by all citizens of the Philippines who are not disqualified by law and who are at least eighteen years of age and have resided in the country for at least one year in the place where they plan to vote at least six months preceding the elections. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage. Furthermore, the provision goes on that The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a system for absentee voting by qualified Filipinos abroad. The Congress shall also design a procedure for the disabled and the illiterates to vote without...
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...CHAPTER 2 REVIEW OF THE RELATED LITERATURE AND STUDIES This chapter presents the related literature and studies after the thorough and in-depth search done by the researchers. This will also present the synthesis of the art, theoretical and conceptual framework to fully understand the research to be done and lastly the definition of terms for better comprehension of the study. Related Literature All computer scientists who have done work in or are interested in electronic voting seem to agree that online voting does not meet the requirements for public elections and that the current widely-deployed voting systems need improvement. Voting on the Internet has disadvantages based on the areas of secrecy and protection against coercion and/or vote selling. It's such a truly bad idea that there seems to be no credible academic effort to deploy it at all. The Kenyan General elections of 2007 brought national attention to problems with current methods of casting and counting votes in public elections. Most people believe that the current system should be changed; there is much disagreement on how such changes should be made.c really can't trust any code which we did not create ourselves. Therefore, they tend to be extremely suspicious of proprietary voting machines and their makers who insist that we should “just trust [them].” Neumann gives a list of suggestions for "generic voting criteria" which suggests that a voting system should be so hard to tamper with and so resistant...
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...OUTLINE OF CASES CONSTITUTIONAL LAW II FUNDAMENTAL POWERS OF THE STATE POLICE POWER 1.) Ichong v,.Hernandez, 101 PHIL. 1155 2.) Tio v. Videogram Regulatory Board, 151 SCRA 208 3.) Asso. Of Small Landowners v. Secretary of DAR, 175 SCRA 343 4.) Ynot v. Intermediate Appellate Court, 148 SCRA 659 5.) Tablarin v. Gutierrez, 152 SCRA 730 6.) Taxicab Operators v. Board of Transportation, 119 SCRA 597 7.) ACEBEDO v. COURT OF APPEALS, et. al., G.R. No. 100152. March 31, 2000 8.) Binay v. Domingo, et. al., G.R. No. 92389. September 11, 1991 9.) MMDA v. Bel Air Village Asso., Inc., G.R. No. 135962. March 27, 2000 10.) MMDA v. Garin, G.R. No. 130230, April 15, 2005 11.) DECS v. San Diego, et. al., G.R. No. 89572. December 21, 1989 12.) SMITH KLINE & FRENCH LABORATORIES, LTD. vs. CA, G.R. No. 121267, October 23, 2001 13.) Agustin v. Edu, 88 SCRA 195 14.) Lutz v. Araneta, 98 PHIL. 148 15.) Lozano v. Martinez, 146 SCRA 323 16.) Lim v. Pacquing, 240 SCRA 649 17.) Miners Asso. of the Phils. V. Factoran, 240 SCRA 100 18.) City of Gov’t of Quezon City v. Ericta, 122 SCRA 759 19.) Tatel v. Municipality of Virac, 207 SCRA 157 20.) Ortigas & Co. v. CA, G.R. No. 126102, Dec. 4, 2000 21.) Professional Regulatory Commission v. De Guzman, G.R. No. 144681, June 21, 2004 22.) DIDIPIO EARTH-SAVERS' MULTI-PURPOSE ASSOCIATION, et. al. vs. vs. GOZUN, et. al. G.R. No. 157882. March 30, 2006 23.) EXECUTIVE SECRETARY,...
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...manual tallying and counting of votes. Among these countries are Germany, Switzerland and Ireland. In 2009, Germany’s Federal Supreme Court (SC) ruled against the automated election system because the use of electronic voting machines is contrary to the democratic and public character that elections must have. The German Supreme Court also noted the electronic system’s flaws similar to those that Filipino experts have been warning the Comelec and the public about. The biggest complaint against electronic ballot casting, reading and counting systems is their lack of transparency. Nobody sees how the machines are reading each ballot. Then the machines report results that no one can verify. Like the PCOS machines bought by the Philippine government, the machines in Germany did not print our receipts containing what the voter wrote down on his or her ballot. Experts from CenPEG, AEStch and other institutions have been repeating that the problem in Philippine elections is not in the manual voting and the counting and tabulation that the Comelec officials, representatives of all parties, people from accredited watchdogs and the media can witness on blackboards or whiteboards. The cheating is in the transmission of results and the fraudulent canvass. With the midterm election tomorrow only hours away, the Precinct Count Optical Scan (PCOS) remain questionable to critics and election watchdogs. Problems of the legality of using these machines as well as the accuracy and the possibility...
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...ONLINE PAPERS Election Violence in the Philippines Patrick Patino & Djorina Velasco [i] About Us Core Themes Activities FES Dialogue on Publications Globalization Online Materials FES International Policy Analysis Unit The 1986 “People Power” Revolution that caused the fall of the Marcos dictatorship was an inspiration to pro-democracy forces the world over. Televised images of human chains blocking military tanks became powerful symbols of peaceful resistance against brute force. However, “People Power” and the restoration of formal democratic institutions mask the real state of Philippine democracy. Indeed, fraud and turmoil have been part and parcel of every election after 1986. “Guns, gold and goons” continue to cast a dark shadow on what is supposed to be a “free and fair” exercise. This paper focuses on the practice and prevalence of election-related violence in the Philippines. Electoral violence here takes many forms: killings; abductions; terrorism; physical attacks on rallies, homes, offices and vehicles of candidates and supporters; and any other acts that result in deaths, physical injuries and/or damages to properties. For the purposes of this paper, election-related violence will also refer to intimidation, coercion and non-physical forms of harassment. These are not strictly incidents of violence per se. However, Philippine election laws include these as election offences since they curtail voters’ decision-making and are preliminary acts to violence. The...
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...Cayetano vs Monsod Leave a comment 201 SCRA 210, 1991 FACTS Monsod was nominated by President Aquino to the position of Chairman of the COMELEC on April 25, 1991. Cayetano opposed the nomination because allegedly Monsod does not possess the required qualification of having been engaged in the practice of law for at least ten years. Challenging the validity of the confirmation by the Commission on Appointments of Monsod’s nomination, petitioner filed a petition for Certiorari and Prohibition praying that said confirmation and the consequent appointment of Monsod as Chairman of the Commission on Elections be declared null and void because Monsod did not meet the requirement of having practiced law for the last ten years. ISSUE: Whether or not Monsod satisfies the requirement of the position of Chairman of the COMELEC. HELD: The practice of law is not limited to the conduct of cases in court. A person is also considered to be in the practice of law when he: “. . . for valuable consideration engages in the business of advising person, firms, associations or corporations as to their rights under the law, or appears in a representative capacity as an advocate in proceedings pending or prospective, before any court, commissioner, referee, board, body, committee, or commission constituted by law or authorized to settle controversies. Otherwise stated, one who, in a representative capacity, engages in the business of advising clients as to their rights under the law, or...
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...IN THE PHILIPPINES, INC. (SENIOR CITIZENS),Intervenor. x - - - - - - - - - - - - - - - - - - - - - - -x G.R. No. 179295 April 21, 2009 BAYAN MUNA, ADVOCACY FOR TEACHER EMPOWERMENT THROUGH ACTION, COOPERATION AND HARMONY TOWARDS EDUCATIONAL REFORMS, INC., and ABONO, Petitioners, vs. COMMISSION ON ELECTIONS, Respondent. D E C I S I O N CARPIO, J.: The Case Petitioner in G.R. No. 179271 — Barangay Association for National Advancement and Transparency (BANAT) — in a petition for certiorari and mandamus,1 assails the Resolution2 promulgated on 3 August 2007 by the Commission on Elections (COMELEC) in NBC No. 07-041 (PL). The COMELEC’s resolution in NBC No. 07-041 (PL) approved the recommendation of Atty. Alioden D. Dalaig, Head of the National Board of Canvassers (NBC) Legal Group, to deny the petition of BANAT for being moot. BANAT filed before the COMELEC En Banc, acting as NBC, a Petition to Proclaim the Full Number of Party-List Representatives Provided by the Constitution. The following are intervenors in G.R. No. 179271: Arts Business and Science Professionals (ABS), Aangat Tayo (AT), and Coalition of Associations of Senior Citizens in the Philippines, Inc. (Senior Citizens). Petitioners in G.R. No. 179295 — Bayan Muna, Abono, and Advocacy for Teacher Empowerment Through Action, Cooperation and Harmony Towards Educational Reforms (A Teacher) — in a petition for certiorari with mandamus and prohibition,3 assails NBC Resolution No. 07-604...
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...citizenship upon the child PROVIDED his birth occurred on or after January 17, 1973 (date of ratification of the 1973 Constitution), otherwise he followed the citizenship of the alien father and acquired at best only an inchoate Philippine citizenship which he could perfect by election upon attaining majority age. EXCEPT if he is born out of lawful wedlock, in which case, he will be considered a Filipino by virtue of his mother’s citizenship. In addition, only natural-born citizens are allowed to hold constitutional offices such as the office of the President; Senators; Members of the House of Representatives; Members of the Supreme Court; and the Chairman and Commissioners of the Constitutional Commissions (Civil Service Commission, COMELEC and the Commission on Audit). NATURALIZED FILIPINO Naturalization takes place either voluntarily by complying both the substantive and procedural requirements of the general naturalization law or by operation of law. This process may be direct...
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...experience. ‘To engage in the practice of law is to perform those acts which are characteristics of the profession. Generally, to practice law is to give notice or render any kind of service, which device or service requires the use in any degree of legal knowledge or skill.’ (111 ALR 23)” (at p. 214) The issue in the case was whether or not the respondent Monsod, a lawyer, was qualified for appointment as Chair of the Commission on Elections (COMELEC), since Art. IX-C, Sec. 1[1] of the 1987 Constitution requires that, inter alia, a majority of the COMELEC, “including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years”. The Court, thru Justice Paras, stated that there “seems to be no jurisprudence as to what constitutes practice of law as a legal qualification to an appointive office” (at p.212), determined that the practice of law is not limited to the conduct of cases in court (at pp. 216-217) and pursuant thereto, found that Monsod was qualified for appointment as COMELEC Chair: “Interpreted in the light of the various definitions of the term ‘practice of law’, particularly the modern concept of law practice, and taking into consideration the liberal construction intended by the framers of the Constitution, Atty. Monsod’s past work experiences as lawyer-economist, a lawyer-manager, a lawyer-entrepreneur of industry, a lawyer-negotiator of contracts, and a lawyer-legislator of both the rich and the poor –...
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...Tennis as a spectator sport Tennis: Its Time for War! Arguably the most popular life-long sport, tennis, in its true context is not merely the friendly game that is perceived by its spectators. Spectators are oblivious to its heart-crunching reality. To uncover the truth beneath the surface, spectators must become players and participate. Only then will their dream world be pulled from their eyes and unmask the brutality, the evilness, and the hatred that is pumping in a tennis players mind. The game of tennis is no more than an all out war. Tennis is a duel, a battle of skill and determination between two cherished friends or, perhaps, competitive rivals. Once on the court, though, the mentality of the players transforms from mellow human beings to war machines from hell. Its a tournament to the death. The winner is he/she that has survived to proclaim his/her glory of victory. The winner receives that extraordinary boost of ego and pride that all humans yearn for. These two attributes mutate the winner into the ultimate warrior, the supreme tennis player. The battlefield is where it all happens ;the tennis court. Whether natural or synthetic, players adapt to the surroundings to gain the advantage for victory. The tennis racket, a tennis players almighty weapon, bestowed upon them by the great sports manufacturers to wreak havoc and eliminate the competition. Along with their medium of attack, the tennis ball, tennis warriors engage in a battle that will ultimately determine...
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