SC remands to CA petition vs Comelec surveillance

MANILA, Philippines - The Supreme Court (SC) yesterday remanded to the Court of Appeals (CA) a petition by a poll watchdog questioning the alleged surveillance being conducted by the Commission on Elections (Comelec) on its critics.

The high court issued a writ of habeas data and ordered the CA to conduct summary hearing on the case and decide on the petition of Automated Election System (AES) Watch.

SC spokesman Theodore Te said the issuance of the writ was procedural and not equivalent to an order stopping the poll body from continuing its supposed surveillance operations.

“The issuance of a writ of habeas data will prompt the submission of a verified return or answer of the respondent. Upon submission, the court may conduct a summary hearing and render judgment. The judgment may constitute granting of the privilege of a writ of habeas data,” he said at a press conference.

Habeas data is meant to protect the image, privacy and freedom of information of a person, which can be used to find out what information is being held about a citizen.

The AES Watch, led by former Comelec commissioner Augusto Lagman, UP law professor Harry Roque Jr. and whistleblower Rodolfo Lozada Jr., also questioned the Comelec’s use of its intelligence fund in the alleged surveillance.

They said it is unconstitutional because it stems from a misalignment of public funds by the Office of the President to a supposedly independent constitutional commission, adding that it violates the right of citizens to free expression and the right to privacy.

The petitioners also asked the SC to order the poll body to disclose any information they have on them and “permanently suppress, destroy or permanently seal” these information.

They claimed the “illegally-gathered information are being used to prosecute critics of the PCOS (precinct count optical scan) automated elections technology for election sabotage and other applicable offenses or crimes.”

The petitioners also asked the high court to bar the Comelec from further collecting information or conducting surveillance on the petitioners, as well issuing statements that “threaten” them with surveillance or prosecution for alleged election sabotage.

Named respondents in the case were Comelec chairman Sixto Brillantes Jr. and commissioners Lucenito Tagle, Elias Yusoph, Christian Robert Lim, Luie Tito Guia, Grace Padaca and Al Parreño;  Comelec finance director Dulay Mejos; Executive Secretary Paquito Ochoa Jr., and deputy presidential spokesperson Abigail Valte.

AES Watch earlier asked the SC to reject the P1.8-billion contract signed by the Comelec to use PCOS machines for the May elections. The high court dismissed the petition last month, saying the contract was aboveboard.