Reluya asks court to clarify order denying her motion to dispense with PCOS authentication

CEBU, Philippines - Defeated mayoralty candidate Lakambini Reluya has asked the court’s clarification to its order denying her earlier motion to dispense with the authentication of the Precinct Count Optical Scan (PCOS) machines relative to her election protest against San Fernando Mayor Antonio Canoy.

In her motion for clarification, Reluya said that an official of the Commission on Elections told them that one PCOS machine can do the authentication of the ballots from the 49 protested precincts by simply reconfiguring it using the compact flash cards from each specific precinct.

Reluya also cited Section 34 of the Comelec resolution 8739 wherein each ballot is duly authenticated by the chairman of the Board of Election Inspector before it is given to the voter during the election day.

On June 29, Regional Trial Court Judge Ramon Daomilas, Jr. denied Reluya’s motion to dispense with the PCOS authentication. The court, in its order, requires as a “condition sine qua non for revision,” the procurement of all the 49 PCOS machines actually used during the elections in San Fernando.

Reluya wanted to be clarified from the court whether it is amenable to the procedure of procuring only one PCOS for the purpose of ballot authentication. 

Lawyer Democrito Barcenas, one of the lawyers of Canoy, said there was nothing to be clarified in the court’s order.

 “Walay sayop sa order ni Judge Daomilas. Dili mahimo og usa lang ka PCOS machine sa 49 ka precinct kay kinahanglan ang 49 ka PCOS gyud,” Barcenas said.

“Gi promulgate na sya sa Supreme Court nga nagbuot in case of revision of ballots, kailangan naay authentication,” Barcenas added.

The Supreme Court promulgated on April 27 the 2010 rules of procedures for municipal election contests which require authentications. Barcenas said that Rule 10, Sec. 6 states that prior to the actual revision, the revision committee “must authenticate each and every ballot to make sure that it was the same ballots cast and fed to the PCOS machine during the voting.” The authentication, the law states, shall be through the use of the PCOS machine actually used during the elections.

The court has already requested the Comelec for assistance to make the 49 PCOS machines available for authentication.

 “The machines are badly needed in the authentication and revision of the ballots as provided for the 2010 rules of procedure in election contests before the courts involving elective municipal officials,” Daomilas’ letter to the Comelec reads.

“The revision committee was already constituted and started performing its function by initially inspecting the ballot boxes. However, the court cannot proceed with the authentication and revision of the ballots for the reason that the PCOS machines are required the rules” he added.   (FREEMAN NEWS)