AUTOMATION OR CONFUSION
PowerPoint Outline of the Address of
Chief Justice ARTEMIO V. PANGANIBAN (Ret.)
MAKATI BUSINESS CLUB
April 20, 2010, Rigodon Ballroom, Peninsula Hotel
To have a credible and democratic turnover of power via
Honest, Orderly and Peaceful Elections
if possible, automated.
Automation has many problems
• Limited time
• Defective automation system
• Lack of transparency
• Spotty Comelec preparations
• Inadequate testing of PCOS
• Inadequate orientation of teachers and voters
Fundamentals of Automation
• Precinct specific ballots
• Precinct specific PCOS machines
• Automated counting at precincts
• Automated transmission of results
• Proclamation based on automated results
Some Automation Problems
• PCOS or ballots are misdelivered
• PCOS fail to function at the precincts
• PCOS are stolen, disabled or burned
• Ballots are erroneously printed
• Election results are transmitted wrongly
• Massive disenfranchisements due to long queues
If the foregoing problems happen only in a few towns, the problems would be localized.
But if they occur in too many places and involve more ballots than the margin of the leading presidential candidate over the next, no one would be proclaimed winner
Possible Legal Consequences
• Failure of elections – when no election actually held
• Failure of proclamation – when no clear winner
• Massive disenfranchisement
• Massive electoral fraud – retail and wholesale
Possible Political Consequences
• Presidential Succession by July 1, 2010 – Vice President, Senate President, Speaker. Viability of election new Senate President
• GMA Holdover – not expressly provided by the Constitution but by jurisprudence, the latest of which is Seneres vs Comelec (April 16, 2009).
Brains and Brawns
Necessary Elements for GMA’s holdover
• Supreme Court
• Armed Forces – AFP Chief Delfin Bangit, DND Sec. Norberto Gonzales
• Philippine National Police – PNP Chief Jesus Versoza, DILG Sec. Ronaldo Puno
• Filipino people – Church, INC, People Organizations
• International Community, especially the US, to prop up economy
From Holdover to Acting President (as Speaker) to Prime Minister.Military Rule or Junta/ Transition Government – definitely unconstitutional but could be justified
Ways to avoid holdover or military rule:
• Overwhelming victory by presidential winner
• Overwhelming victory and proc of VP winner
• Election of holdover Senate President?
• Vigilance before, during and after election day
From Election Day, May 10, 2010, to the end of GMA’s term on June 30, 2010 is 61 days. Many things can happen during that period.
1)Failure of Elections distinguished from Failure of Proclamation. Congress not Comelec canvasses and proclaims newly elected President and Vice President to be started no later than 30 days after Election Day. In case of tie, one shall be chosen “by the vote of a majority of all the Members of Congress.” Art VII, Sec 4. But the Comelec count will trigger any crisis.
2) Presidential Succession – “If a President shall not have been chosen the VP-elect shall act as President until a President shall have been chosen and qualified.“Where no President and Vice President shall have been chosen or qualified, or where both shall have died or permanently disabled, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives shall act as President until a President or a Vice President shall have been chosen and qualified.” Art VII, Sec 7 Duty of Acting President is to call for new elections.