1UA LCCNG v CCMLLLC and 48uuk45uk 14N respondents Yu5OP llklkl intervenor

AC1S
1 ln Lhe A8MM elecLlons on uecember 22 1997 Lhe auLomaLed elecLlon sysLem was flrsL lmplemenLed by vlrLue
of Lhe enacLed 8A 8436 1he provlnce of Sulu was lncluded ln A8MM Lhe provlnce of ALLy !ose 1olenLlno !r Lhe
CCMLLLC 1ask lorce havlng admlnlsLraLlve overslghL of Lhe elecLlon ln LhaL provlnce

2 LlecLlon was peaceful unLll Lhe auLomaLed counLlng of voLes for Lhe local offlclals of Sulu when ALLy 1olenLlno
was lnformed by waLchers and lnspecLors and havlng checked Lhe reporL hlmself LhaL Lhere were dlscrepancles
beLween elecLlon reLurns and Lhe voLes casL for Lhe mayoralLy candldaLes ln Lhe munlclpallLy of aLa 1hereafLer
he called for an emergency meeLlng wlLh local candldaLes and mlllLarypollce offlclal CubernaLorlal candldaLes
lncludlng peLlLloner Loong respondenL 1an and lnLervener !lklrl were also presenL 1he dlspuLe wheLher counLlng f
voLes should be done wlLh auLomaLed machlnes or by manual counL arose

3 ALLy 1olenLlno senL requesL Lo CCMLLLC for Lhe suspenslon of Lhe auLomaLed counLlng of balloLs LhroughouL
Lhe provlnce of Sulu lL was approved As a resulL of Lhem manual counLlng prlvaLe respondenL 1an was
proclalmed governorelecL of Sulu 1he peLlLloner was Lhlrd

4 eLlLloner Loong and and lnLervenor !lklrl do noL approve of Lhe declslon alleglng LhaL Lhere are no legal basls
for Lhe manual counL because Lhe auLomaLed elecLlon and counLlng ls requlred and LhaL Lhe remedy for Lhe
defecLlve machlnes ls Lo replace lL wlLh new ones Moreover Lhey allege LhaL Lhey are denled due process as Lhere
was no noLlce and agreemenL before Lhe manual counLlng was approved

ISSUL
WCn Lhe CCMLLLC gravely abused lLs dlscreLlon when lL ordered a manual counL of Lhe 1998 Sulu local elecLlons

DLCISICN
no lL was wlLhln Lhe powers and funcLlons of Lhe CCMLLLC

nLLD
ln llghL of 8A 8436 on auLomaLed elecLlon ln re|at|on to the broad power of the CCMLLLC under Sec 2(1) of
Art|c|e Ik of the 1987 Const|tut|on "to enforce and adm|n|ster a|| |aws and regu|at|ons |n re|at|on re|at|ve to the
conduct of an e|ect|on" we can see LhaL Lhe 8esoluLlon of Lhe CCMLLLC approvlng and orderlng manual counL ls a
valld exerclse of Lhe powers of Lhe CCMLLLC

Conslderlng Lhe posL elecLlon reallLles on ground wlll show LhaL Lhe order for a manual counL cannoL be
characLerlzed as arblLrary caprlclous or whlmslcal lL has been well esLabllshed LhaL Lhe machlnes falled Lo read
correcLly Lhe balloLs ln dlfferenL munlclpallLles and such flaws have been carefully analyzed by Lhe Lechnlcal
experLs of CCMLLLC and Lhe suppller of Lhe auLomaLed Leller machlnes lL was found ouL LhaL Lhe defecL was noL ln
Lhe machlnes buL ln Lhe mlsallgned ovals of Lhe local balloLs hence lL cannoL be read correcLly 1herefore mlsLake
ln counLlng ls hlghly probable lf Lhe auLomaLed counLlng wlll proceed Pence Lhe CCMLLLC allowed manual
counLlng raLher Lhan Lo have lnaccuraLe and mlsLaken elecLlon resulLs

eLlLloner Loong and lnLervenor !lklrl were noL denled due process as Lhey were durlng consulLaLlon meeLlngs and
Lhey were even asked Lo submlL Lhelr commenLs on Lhe quesLloned 8esoluLlon Lo whlch Lhey also complled