G.R. No. 259354 , June 13, 2023
NATIONAL PRESS CLUB OF THE PHILIPPINES, AUTOMATED ELECTION SYSTEM WATCH, AND GUARDIANS BROTHERHOOD, INC., PETITIONERS, VS. COMMISSION ON ELECTIONS, RESPONDENT.

FACTS

Petitioners filed a Petition for Mandamus to compel the Commission on Elections (COMELEC): (1) to implement digital signatures for the 2022 National and Local Elections (NLE) and (2) to disclose critical information and allow access and inspection in the (a) printing of ballots and disposition of defective ballots; (b) configuration, preparation and testing of the SD cards; (c) preparation, testing, and deployment of Vote Counting Machines (VCMs); and (d) National Technical Support Center and technical hubs, as well as the transmission diagrams or data/communications network architecture. Regarding digital signatures, COMELEC Commissioner Marlon Casquejo approved their use via Minute Resolution No. 210021, but in March 2022, it was confirmed that implementation would be limited to the National Capital Region, Cebu City, and Davao City due to logistical issues, specifically the inability of any provider to supply the needed cable assemblies for approximately 300,000 to 350,000 teachers. Regarding access, petitioners sought to witness the printing of ballots and the examination and testing of election equipment.

ISSUE

1. Whether mandamus lies to compel the COMELEC to fully implement digital signatures for the 2022 NLE.
2. Whether mandamus lies to compel the COMELEC to allow petitioners physical access to witness the printing of ballots and to disclose information and allow inspection of election processes and transmission architecture.

RULING

1. No, mandamus does not lie to compel the implementation of digital signatures. The first paragraph of Section 22 of the Automated Election System (AES) Law refers to printed election returns, and the provision mentioning “electronically and digitally signed” returns pertains only to those transmitted electronically being considered official for canvassing. The law does not expressly mandate full implementation of digital signatures. The COMELEC’s initial approval was an initiative in exercising its constitutional mandate to administer elections. The Court should not interfere with the COMELEC’s discretion in devising means to ensure free, orderly, and honest elections unless clearly illegal or a grave abuse of discretion, which was not present. The logistical limitation cited by the COMELEC was a valid reason for limited implementation.
2. No, mandamus does not lie to compel the requested access and disclosures.
a. On ballot printing: Section 187 of the Omnibus Election Code allows watchers to observe proceedings, file objections, witness printing and distribution, and guard the premises. The COMELEC complied with this mandate by conducting a livestream of the printing process on March 17, 2022, providing different angles and offering copies of CCTV footage, thereby adhering to health protocols while fulfilling the legal requirement.
b. On examination and testing of equipment: Section 14 of Republic Act No. 8436 , as amended by Republic Act No. 9369 , requires the COMELEC to allow political parties, candidates, or citizens’ arms to examine and test the “equipment or device of the AES” before voting starts. The law does not require formal coordination for a specific date and time, only that testing occur before voting. The COMELEC had invited the public to witness the final testing and sealing of VCMs from May 2 to 7, 2022, and opened its warehouse for viewing SD card configuration, rendering this issue moot.
c. On disclosure of transmission documents and access to hubs/servers: Petitioners failed to show a clear legal right to such disclosure. The policy of the State under Republic Act No. 9369 is to ensure the “secrecy and sanctity” of election documents to make the process transparent and credible. The law does not enjoin the COMELEC to allow access and inspection of its hubs, servers, data centers, or transmission network architecture. Nonetheless, the COMELEC had voluntarily disclosed information such as the List of Local Hubs, Order of Dispatch, Schedule of Dispatch, and locations of servers/data centers.