AUTOMATION OR CONFUSION

Outline of the extemporaneous talk delivered by retired Chief Justice ARTEMIO V. PANGANIBAN as guest honor and speaker during the MAKATI BUSINESS CLUB, April 20, 2010, Rigodon Ballroom, Peninsula Hotel

PowerPoint Outline of the Address of

Chief Justice ARTEMIO V. PANGANIBAN (Ret.)

MAKATI BUSINESS CLUB
April 20, 2010, Rigodon Ballroom, Peninsula Hotel

_____________________________________________

Desiderata
To have a credible and democratic turnover of power via
HOPE
Honest, Orderly and Peaceful Elections
if possible, automated.

_____________________________________________

Reality
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

_____________________________________________

Timing problems.
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.

_____________________________________________

Notes

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.