Comelec to ignore suits vs PCOS machines

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MANILA, Philippines — The Commission on Elections (Comelec) said on Sunday it would just ignore the lawsuit filed by civil society groups before the United Nations Committee on Human Rights over the use of the controversial precinct count optical scan (PCOS) machines in the upcoming balloting.

“Officially, we are not going to do anything with it. We will just disregard it since we are already too close to the elections to mind the AES Watch and their complaint to the UN,” said Comelec Chairman Sixto Brillantes Jr. in an interview with reporters.

Last week, civil society groups such as the Concerned Citizens Movement, Center for International Law and the Automated Election System Watch announced that it was filing a complaint against Comelec for failing to ensure the free expression of the will of voters in the 2010 elections by foregoing security measures and opting for the same system for the 2013 balloting.

The groups also cited the lack of a source code review in 2010 in their complaint.

Brillantes had branded the complaint as a mere “publicity stunt” by critics of the Comelec.

“Maybe because they cannot win here in our courts anymore, including the Supreme Court, that’s why they went to the UN. They can even go anywhere in the world if they want,” the poll chief had stated upon learning of the complaint.

Election lawyer Romulo Macalintal said on Sunday the UN body would most likely dismiss the complaint for lack of jurisdiction and the lack of legal personality of the petitioners who filed the lawsuit.

Macalintal pointed out that UN rules provided that it would only deal with issues brought before it after “all available domestic remedies have been invoked and exhausted in the matter, in conformity with the generally recognized principles of international law.”

“In the present case, petitioners have not resorted to available domestic remedies prior to filing their petition with the HR Committee,” noted the veteran election lawyer, adding that the complainants could have used local legal remedies such as local action before seeking international intervention.

Macalintal also pointed out that the UN body would only deal with state-to-state complaints or issues and would not concern itself with intra-state affairs. “Such as the manner in which elections are conducted, for to do so would already amount to encroachment of a State’s sovereignty,” he said.

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  • disqusted0fu

    Of course. Ignoring is the primary weapon of Comelec when it comes to problems. they have already ignored the troubles of the PCOS machines and the absence of the source code, what else would they do to lawsuits but to ignore them as well. Brillantes has Pnoy by his side anyway so nothing bad can happen to him

  • Ako_Hiking

    Comelec ignoring issues is nothing new to the Comelec. They’ve been ignoring problems with the PCOS machines, Smartmatic, and the source codes for quite some time. They’re also challenging their critics to check out test runs but it’s a little too late now with the elections a week away.

    • ej1015

      may alternative KA? bumalik sa manual counting tapos sa sabihin DAYA!

      • Ako_Hiking

        It would be best, in fact, it was the correct way to make sure the PCOS machines work properly and had the proper source codes and things should have been tested and perfected but the problem is…that’s not what happened and that’s not what’s happening.

  • Simplify1

    The AES lawyer must be Atty PEKE BAROK! Kumukuha sila ng restraining order galing sa UN….

  • clanwolf

    Fits perfectly with the failure of elections scenario.

    • kanoy

      PLAYS RIGHT INTO CHINA HANDS,,,GIVES THEM A FIRM FOUNDATION TO IGNORE THE UN MEETING OVER THE ISLANDS AND SOUTH CHINA SEA,,,,IF THE RP CAN IGNORE PETITIONS FILED WITH THE UN THEN SO CAN CHINA AND THANKS TO COMELEC THE RP DON’T HAVE A LEG TO STAND ON AND COMPLAIN

  • Albert Einstien

    pag me FAILURE of ELECTIONs there will be AUTO-CRAZY by pnoy admin till 2016 and beyond…..that is SCARY ……they will bombard the public with paid surveys & economic window dressing & lying , ……..that is what the yellows have been doing since 1986…after 27 years of promises & paid surveys…RP become POORER…, criminality reach its apex,.POVERTY hit the max & unemployment abounds….11,100,000 filipinos are UNEMPLOYED and INCREASING by the day……that is the YELLOW MAGIC…to mesmerize people by daily propaganda….INVESTIGATE 2010 elections..me whistleblower na lumabas at sabi nya BILYONES ang bayaran sa DAYAAN ng 2010 elections…pero LAHAT tumahimik dahil ayaw nila na MANATILI sa pwesto si GMA at ang YELLOW gusto makahawak ng power…for SAKE of TRUTH & HISTORY investigate 2010 elections…….ilabas ang 2010 source code ( pin code ng ATM ) at imbestigahan ang mga nawalang pcos ( atm card ) at damaged kuno na pcos ….parang UNLIMITED withdrawals ang nangyari nyan pag me PIN CODE at ATM card ang SINDIKATO……..lol

  • Marcial Abila

    I have an idea how about only tax payer are allowed to vote.we need to change our constitution.and a parliamentary goverment is ideal it eliminate killing during election no more private army and no more npa extortion during election and save billion of pesos.

    • kanoy

      SO ONLY THE RICH AND MIDDLE CLASS CAN VOTE? DENY A CITIZEN HIS RIGHT TO VOTE BASED UPON THE GOVERNMENTS INEPTITUDE TO CREATE JOBS? THATS DISCRIMINATION

      • Marcial Abila

        It doenot really mean taxpayer are rich think rational ok.i may also include those SSS,PAG-IBIG,BUSINESS.AND LAND TAX PAYER CAN VOTE.kailangan nasakanila kapalaran ng economiya at tao sa gobyerno hinde sa nga milyon milyon na non tax payer

  • kanoy

    LOL THE RP SHOULD HAVE IGNORED MARCOS…THE HERO? WOULD NEVER HAVE BEEN BURIED IN THE USA LOL
    funeral director trying to find a cemetery to take the body of Boston Marathon bombing suspect Tamerlan Tsarnaev is going next to the city where Tsarnaev lived, but will run into another obstacle: It doesn’t want him.

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