G.R. No. 163193 June 15,
2004
SIXTO S. BRILLANTES, JR., petitioner,
JOSE CONCEPCION, JR., JOSE DE VENECIA, EDGARDO J. ANGARA, DR. JAIME Z. GALVEZ-TAN, FRANKLIN M. DRILON, FRISCO SAN JUAN, NORBERTO M. GONZALES, HONESTO M. GUTIERREZ, ISLETA, AND JOSE A. BERNAS, Petitioners-in-Intervention,
vs.COMMISSION ON ELECTIONS, respondent.
JOSE CONCEPCION, JR., JOSE DE VENECIA, EDGARDO J. ANGARA, DR. JAIME Z. GALVEZ-TAN, FRANKLIN M. DRILON, FRISCO SAN JUAN, NORBERTO M. GONZALES, HONESTO M. GUTIERREZ, ISLETA, AND JOSE A. BERNAS, Petitioners-in-Intervention,
vs.COMMISSION ON ELECTIONS, respondent.
Facts:
Comelec issued
resolutions adopting an Automated Elections System including the assailed
resolution, Resolution 6712, which provides for the electronic transmission
of advanced result of “unofficial”
count. Petitioners claimed that the resolution would allow the preemption and usurpation of the exclusive power of
Congress to canvass the votes for President and Vice-President and would
likewise encroach upon the authority of NAMFREL, as the citizens’ accredited
arm, to conduct the "unofficial" quick count as provided under
pertinent election laws. Comelec contended that the resolution was
promulgated in the exercise of its executive and administrative power "to ensure free, orderly, honest, peaceful and
credible elections” Comelec added that the issue is beyond judicial
determination.
Issue:
Whether
or not Comelec's promulgation of Resolution 6712 was justified.
