No grave abuse of discretion: SC upholds ban on poll watchers’ use of capturing devices during polls

The Supreme Court (SC) has junked the petitions questioning the Commission on Elections (COMELEC) prohibition that disallowed poll watchers to use capturing devices while inside polling precincts.

“The assailed COMELEC actions involve the exercise of judgment. Moreover, there was no grave abuse of discretion,” read the SC ruling dated Dec. 9 but was made public by the tribunal over the weekend.

“Foremost, the COMELEC is vested with the constitutional power and function to ‘[e]nforce and administer all laws and regulations relative to the conduct of an election.’ Among its powers is the promulgation of rules and regulations of election laws.It exercises discretion on how certain aspects of elections are implemented,” the SC added.

The petitioners included the Automated Election System (AES) Watch, uklod Pamilya, Capitol Christian Leadership, Citizen’s Crime Watch, Connecting Businessmen in the Marketplace to Christ, Latter Rain Harvest Ministries, One Vote Our Hope, Upper Room Brethren Church and private individuals.

In its ruling, the SC said the COMELEC has issued a directive and guidelines that “the VVPAT (voter verifiable paper audit trial) must be printed in the form of paper receipts and that the voters can verify their votes through these receipts.”

“The voters were also allowed to register their objections in case of discrepancies with their actual votes,” the tribunal added.

Contrary to petitioners’ claims, the SC said “the poll watchers can still register their protest on any irregularity and use capturing devices during the counting of votes and the transmission and printing of election returns, which will help them record their observations.”

“However, they are prohibited from using these devices during the casting of votes to observe the constitutional policy of securing ballots’ secrecy and sanctity. The prohibition is consistent with the Omnibus Election Code, which considers it unlawful for any person to avail of any scheme to discover the contents of the ballots of a voter,” the high court said.

The SC also pointed out that “the petition for mandamus is dismissible on the ground of mootness.”

“Here, the conclusion of the 2019 National Elections rendered the petition academic,” it declared.

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Source: Latest Politics News Today (Politics.com.ph)