G.R. NO.

188456, SEPTEMBER 10, 2009 (ROQUE VERSUS COMELEC)

There are no ready-made formulas for solving public problems. Time and experience are necessary to evolve patterns that will serve the ends of good government. In the matter of the administration of the laws relative to the conduct of elections, x x x we must not by any excessive zeal take away from the comelec the initiative which by constitutional and legal mandates properly belongs to it. Due regard to the independent character of the Commission x x x requires that the power of this court to review the acts of that body should, as a general proposition, be used sparingly, but firmly in appropriate cases.

.This independent constitutional commission, it is true, possesses extraordinary powers and enjoys a considerable latitude in the discharge of its functions. The road, however, towards successful 2010 automation elections would certainly be rough and bumpy. The comelec is laboring under very tight timelines. It would accordingly need the help of all advocates of orderly and honest elections, of all men and women of goodwill, to smoothen the way and assist comelec personnel address the fears expressed about the integrity of the system. Like anyone else, the Court would like and wish automated elections to succeed, credibly.

PENDING CASE:CHONG VS. ESPINA ELECTION PROTESTS

Facts:The then-incumbent Representative of the province, Glenn Chong, was pitted against long-time political rival Rogelio Espina. By the end of the day of May 10, 2010, Espina was proclaimed the winner.

Pending: The House of Representatives Electoral Tribunal (HRET) is about to render decision on the electoral fraud case filed by Glenn Chong against Rogelio Espina. This case is viewed with interest by critics of the Automated Election System (AES) as implemented in the 2010 elections as it exemplifies the hacking possibilities of the PCOS machine. The acceptability of the PCOS machine as tools for AES may well be decided by Chongs case.

PENDING CASE:CHONG VS. ESPINA ELECTION PROTESTS

As with the two other hacking methods described above, all transactions of unauthorized double use of one IP Address for two different electronic returns was duly recorded by Audit and Print Logs; and the absence of digital signatures in all of the transmissions made it impossible to establish the authenticity and integrity of these transmissions.

FILING OF CANDIDACY:

I.filing of candidacy

The substitute of a candidate who has withdrawn on or before December 21, 2012 may file his Certificate of Candidacy for the office affected not later than December 21, 2012, so that the name of the substitute will be reflected on the ballots," the resolution said.

It is also stated that a candidate may be substituted by someone who belongs to the same political party.

In past elections, candidates were given until mid-day of election day to withdraw and be replaced. But when polls were automated in 2010, withdrawal was only entertained only until December 14, 2009.

The deadline for the withdrawal and substitution was moved to an earlier date due to the need to print the names of official candidates in the ballots.

The guidelines said that substitution for a candidate who died or is disqualified, however, will be given up to midday of election day to file his COC, "provided that the substitute and the substituted have the same surnames." Source: RESOLUTION NO. 9518