G.R. No. 189546; September 21, 2010
CENTER FOR PEOPLE EMPOWERMENT IN GOVERNMENT (CenPEG), Petitioner, vs. COMMISSION ON ELECTIONS (COMELEC), Respondent.

FACTS

Petitioner CenPEG, a non-government organization, formally requested from respondent COMELEC a copy of the source code for the Automated Election System (AES) technologies, including the PCOS and canvassing system programs, to be used in the 2010 elections. CenPEG anchored its request on Section 12 of Republic Act No. 9369, which mandates that once an AES technology is selected, the COMELEC shall promptly make its source code available for review by any interested party. The COMELEC initially granted the request for some codes but denied others, and ultimately failed to release any, citing that the final, customized source code from its provider was not yet complete and required international certification.
Despite follow-up demands, COMELEC maintained the source code was unavailable. It later deposited a copy with the Bangko Sentral ng Pilipinas but did not make it accessible for independent review. CenPEG filed a petition for mandamus to compel disclosure. The May 2010 elections proceeded without the source code being made available for public scrutiny. CenPEG persisted with its petition, arguing the issue remained relevant for legal compliance and electoral transparency.

ISSUE

Whether the COMELEC has a ministerial duty, enforceable by mandamus, to make the source code of the implemented AES technologies available to interested parties for review.

RULING

Yes. The Supreme Court granted the petition for mandamus. The Court emphasized that Section 12 of R.A. 9369 imposes a clear and mandatory duty on the COMELEC. The law states that once an AES technology is selected for implementation, the Commission “shall promptly make the source code… available and open.” This duty is ministerial and not discretionary. The COMELEC’s proffered excuses—that the code was unfinished, pending certification, or required a “controlled environment” for review—were insufficient to justify its non-compliance with a statutory command.
The legal logic is straightforward: the law creates a correlative right in favor of interested parties like CenPEG to review the source code, and a corresponding duty on COMELEC to provide it. Mandamus lies to compel the performance of a duty which is clear, specific, and enjoined by law. The passage of the 2010 elections did not render the petition moot, as the duty to disclose is ongoing to ensure transparency and public confidence in the automated election system. The Court thus ordered COMELEC to immediately make the source codes available to CenPEG and other interested groups.