In the 10-hour oral arguments at the Supreme Court last Wednesday on the motion of the Concerned Citizens Movement to stop the Smartmatic-Total Information Management agreement with the Commission on Election for the automation of the 2010 elections, counsel Harry Roque anchored his argument on the provision of the Republic Act 8436 which requires pilot testing of the system before it is implemented.
RA 8436 authorized the Comelec “to use an automated election system or systems in the same election in different provinces, whether paper-based or a direct recording electronic election system as it may deem appropriate and practical for the process of voting, counting of votes and canvassing/consolidation and transmittal of results of electoral exercises:
“Provided, that for the regular national and local election, which shall be held immediately after effectivity of this Act, the AES shall be used in at least two highly urbanized cities and two provinces each in Luzon, Visayas and Mindanao, to be chosen by the Commission: Provided, further, x x x. In succeeding regular national or local elections, the AES shall be implemented nationwide.”