The Supreme Court held that the Commission on Elections (COMELEC) must implement the Voter Verified Paper Audit Trail (VVPAT) feature in automated election systems. This decision mandates COMELEC to activate the VVPAT, ensuring voters can verify their votes through a printed receipt. This ruling reinforces the importance of transparency and accuracy in Philippine elections, giving voters greater confidence that their choices are correctly recorded and counted.

Safeguarding the Ballot: Can COMELEC Ignore Mandatory Security Features?

The case of Bagumbayan-VNP Movement, Inc. v. Commission on Elections arose from concerns over the integrity of the automated election system in the Philippines. Petitioners, Bagumbayan-VNP Movement, Inc. and Richard J. Gordon, sought to compel the COMELEC to implement the Voter Verified Paper Audit Trail (VVPAT) feature mandated by Republic Act No. 8436, as amended by Republic Act No. 9369. The petitioners argued that the VVPAT, which provides voters with a physical paper record of their votes, is a crucial safeguard against fraud and ensures the accuracy of election results. The COMELEC, however, resisted implementing the VVPAT, citing concerns about potential vote-buying and delays in the voting process. This raised a fundamental question: Can the COMELEC, vested with the duty to enforce election laws, disregard a mandatory security feature prescribed by law?

The petitioners anchored their argument on Section 6 of Republic Act No. 8436, as amended, which outlines the minimum system capabilities for automated election systems. Specifically, subsections (e), (f), and (n) mandate the provision for a voter verified paper audit trail, system auditability, and a system for voters to verify their choices. The full text of Section 6 is as follows:

SEC. 6. Minimum System Capabilities. – The automated election system must at least have the following functional capabilities:

(a) Adequate security against unauthorized access;

(b) Accuracy in recording and reading of votes as well as in the tabulation, consolidation/canvassing, electronic transmission, and storage of results;

(c) Error recovery in case of non-catastrophic failure of device;

(d) System integrity which ensures physical stability and functioning of the vote recording and counting process;

(e) Provision for voter verified paper audit trail;

(f) System auditability which provides supporting documentation for verifying the correctness of reported election results;

(g) An election management system for preparing ballots and programs for use in the casting and counting of votes and to consolidate, report and display election result in the shortest time possible;

(h) Accessibility to illiterates and disable voters;

(i) Vote tabulating program for election, referendum or plebiscite;

(j) Accurate ballot counters;

(k) Data retention provision;

(l) Provide for the safekeeping, storing and archiving of physical or paper resource used in the election process;

(m) Utilize or generate official ballots as herein defined;

(n) Provide the voter a system of verification to find out whether or not the machine has registered his choice; and

(o) Configure access control for sensitive system data and function.

The petitioners contended that the COMELEC’s refusal to implement the VVPAT violated these mandatory provisions, undermining the transparency and credibility of the elections. They argued that the VVPAT would allow voters to verify if their choices were accurately recorded, ensuring that the electronic tally matched the paper record. This mechanism would provide an audit trail that could be used to verify election results and deter fraud.

The COMELEC, on the other hand, justified its decision by citing concerns about potential vote-buying and delays in the voting process. The agency argued that the VVPAT receipts could be used as proof of vote for vote-buying schemes. Additionally, COMELEC officials claimed that printing receipts would significantly increase the time it takes for each voter to cast their ballot, leading to longer lines and potential disenfranchisement. However, the Supreme Court found these concerns unpersuasive, emphasizing that the COMELEC’s duty is to enforce the law, not to selectively disregard provisions based on speculative fears.

The Court emphasized that the COMELEC’s constitutional mandate is to enforce and administer all laws related to the conduct of elections, as outlined in Article XI(C), Section 2 of the 1987 Constitution. This includes Republic Act No. 8436, as amended, which mandates the automated election system to have the capability of providing a voter-verified paper audit trail. The Court further highlighted the declaration of policy behind the law, which aims to ensure free, orderly, honest, peaceful, credible, and informed elections. The VVPAT is a critical mechanism for achieving these goals, as it allows voters to verify their choices and ensures the accuracy of the election results.

In its analysis, the Supreme Court underscored that the minimum functional capabilities outlined in Section 6 of Republic Act 8436, as amended, are mandatory. These capabilities are the most basic safeguards to ensure the transparency, credibility, fairness, and accuracy of elections. The Court clarified that a “voter verified paper audit trail” requires two key elements: individual voters must be able to verify whether the machines have counted their votes, and this verification must be paper-based. This requirement leaves no room for interpretation, as the paper audit trail cannot be considered the physical ballot itself. The purpose of a VVPAT is to have the voters confirm whether the machine accurately recorded their vote, and if not, they may have it duly recorded with the poll watchers for analysis and appropriate action.

Building on this, the Court cited the case of Maliksi v. Commission on Elections, where discrepancies were found between physical ballots and digital printouts, highlighting the potential for tampering. The Court suggested that utilizing the paper audit trail feature could have prevented such situations. The VVPAT ensures that the candidates selected by the voter are the candidates voted upon and recorded by the vote-counting machine. This, in turn, enhances the accuracy of random manual audits and election protests, as the VVPAT becomes the best source of raw data for votes.

The Court addressed the COMELEC’s concerns about vote-buying by suggesting that proper procedures could mitigate this risk. The Court suggested for instance that the COMELEC could require voters to deposit their receipts in a separate box after verification, preventing them from being taken out of the precinct. This approach would balance the need for transparency with the constitutional mandate to secure the secrecy and sanctity of the ballot. Ultimately, the Court concluded that the credibility of election results depends on the confidence of voters that their choices have been accurately counted. The VVPAT is a crucial tool for fostering this confidence, as it empowers voters to verify their participation in the democratic process.

In sum, the Supreme Court granted the petition for mandamus and ordered the COMELEC to enable the vote verification feature of the vote-counting machines. The Court emphasized the importance of ensuring a clean, honest, and orderly election by regulating the release and disposal of the issued receipts, such as requiring them to be deposited in a separate ballot box after voter verification. This landmark decision reinforces the mandatory nature of the VVPAT and underscores the COMELEC’s duty to uphold the integrity of the electoral process.

FAQs

What was the key issue in this case?	The key issue was whether the Commission on Elections (COMELEC) could be compelled to implement the Voter Verified Paper Audit Trail (VVPAT) feature in automated election systems, as mandated by law.
What is the Voter Verified Paper Audit Trail (VVPAT)?	The VVPAT is a security feature in automated election systems that provides voters with a printed receipt of their votes, allowing them to verify if their choices were accurately recorded by the machine.
Why did the petitioners file this case?	The petitioners filed the case to compel the COMELEC to comply with the mandatory provisions of Republic Act No. 8436, as amended, which requires the implementation of the VVPAT.
What were COMELEC’s reasons for not implementing the VVPAT?	COMELEC cited concerns about potential vote-buying, as the receipts could be used as proof of vote, and potential delays in the voting process due to the time it takes to print the receipts.
What did the Supreme Court rule in this case?	The Supreme Court ruled in favor of the petitioners and ordered the COMELEC to enable the vote verification feature of the vote-counting machines, emphasizing that it is a mandatory requirement under the law.
What is the legal basis for the VVPAT requirement?	The VVPAT requirement is based on Section 6(e), (f), and (n) of Republic Act No. 8436, as amended by Republic Act No. 9369, which outlines the minimum system capabilities for automated election systems.
How does the VVPAT contribute to election integrity?	The VVPAT allows voters to verify if their choices were accurately recorded, ensuring that the electronic tally matches the paper record. It can also be used as an audit trail to verify election results and deter fraud.
What suggestions did the Court make to mitigate the risk of vote-buying?	The Court suggested that COMELEC could require voters to deposit their receipts in a separate box after verification, preventing them from being taken out of the precinct.
What was the significance of the Maliksi v. COMELEC case in this decision?	The Maliksi case highlighted the potential for tampering with physical ballots, reinforcing the need for a reliable audit trail like the VVPAT to ensure election integrity.

The Supreme Court’s decision in Bagumbayan-VNP Movement, Inc. v. Commission on Elections serves as a crucial reminder of the importance of adhering to legal mandates in the pursuit of transparent and credible elections. By compelling the COMELEC to implement the VVPAT, the Court has reinforced the rights of voters to verify their choices and ensure the accuracy of election results, thereby strengthening the foundations of Philippine democracy.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Bagumbayan-VNP Movement, Inc. v. COMELEC, G.R. No. 222731, March 08, 2016