Sereno tells Comelec: Raise issue in court not before media

When a matter is under litigation, it is important to follow the procedure and make communications with the court, Chief Justice Ma. Lourdes Sereno said Thursday stressing that they don’t take matters raised before the media.

Sereno’s statement came a day after the Commission on Elections (Comelec) questioned the high court’s decision ordering the poll body to issue receipts to voters on the May 9, 2016 presidential elections.

READ: SC orders Comelec to issue vote receipts

The high court, in granting the petition of senatorial aspirant Richard Gordon, said Republic Act 8436 (Automated Election Law) was clear when it said receipt-printing capabilities should be put in place as part of the minimum safeguards provided by law.

“Compliance with the minimum system capabilities entails costs on the state and its taxpayers. If minimum system capabilities are met but not utilized, these will be a waste of resources and an affront to the citizens who paid for these capabilities,” it held.

The Comelec opted to do away with the receipt-printing, saying it will extend the voting hours. It added that the receipt can be used in vote-buying and could be used by losing candidates to discredit the elections.

However, the high court, in the decision written by Associate Justice Marvic Leonen, said Comelec cannot opt to set aside the requirements of the law to assuage its fears regarding the voter-verified paper audit trail (VVPAT).

READ: Fearing vote buying, Comelec nixes receipts

“Vote-buying can be averted by placing proper procedures. The Comelec has the power to choose the appropriate procedure in order to enforce the VVPAT requirement under the law and balance it with the constitutional mandate to secure the secrecy and sanctity of the ballot,” the high court said.

The high court also noted that it required Comelec to comment on the petition filed by Gordon. But Comelec’s counsel, the Office of the Solicitor General, instead sought an extension to file its comment saying it has not received a copy of the petition and Comelec has not transmitted to them documents relevant to the case.

“It perplexes this court that the Comelec failed to immediately transmit relevant documents to the Office of the Solicitor General (OSG) to allow them to respond within the time granted,” the Supreme Court said adding that the high court’s Clerk of Court en banc told them that both Comelec and the OSG have received copy of Gordon’s petition.

“This court cannot accept the lackadaisical attitude of the Comelec and its counsel in addressing this case,” the high court said.

Sereno, on the sidelines of the 21st annual convention of the Philippine Women Judges Association (PWJA), admonished the Comelec for failure to comply with the high court’s order to comment on Gordon’s petition.

“When we say that a deadline is non-extendable, it is to be taken seriously…,” she stressed.

Sereno said there was a reason behind the five-day non-extendable deadline given by the high court for the Comelec to answer the petition.

“We don’t usually give such an order. I hope everyone can understand because we want to be helpful to the success of the 2016 elections and not serve as obstacle to its successful conduct,” she explained.

Comelec has criticized the Supreme Court for the ruling and floated the possibility of a delay in the election.

Comelec Chairman Andres Bautista said the commission was surprised because the high court reversed its ruling on the Roque vs. Comelec case issued in 2009 wherein the tribunal said the ballot is already a paper audit trail.

Bautista said they are willing to argue their case before the Supreme Court to make them aware of the practical, technical and operational difficulties in holding an election.

However, Sereno said “we don’t take matters that are aired before the media and that are not properly raised before us.”

“I would like to caution people that when a matter is under litigation before a court the procedure is to make sure communication with the court because that is the only way we can take cognizance of the positions that they have,” she said.

“They file whatever they need to file and we will act on whatever is filed before us…” she said. RAM