d. Duties of the COMELEC

Random Manual Audit

Where the AES is used, there shall be a random manual audit in one precinct per congressional district randomly chosen by the Commission in each province and city.

Any difference between the automated and manual count will result in the determination of root cause and initiate a manual count for those precincts affected by the computer or procedural error.

The COMELEC may conduct automated elections even if there is no pilot testing. (Information Technology Foundation of the Philippines v. COMELEC, G.R. No. 159139, January 13, 2004).

The Voter Verification Paper Audit Trail (VVPAT) must provide a paper-based record that lets each voter verify that the vote-counting machine recorded the voter’s choices; an on-screen display alone is insufficient.

he VVPAT ensures that the candidate selected by the voter in his or her ballot are the candidates voted upon and recorded by the vote-counting machine.

The voter himself or herself verifies the accuracy of the vote. In instances of Random Manual Audit and election protests, the VVPAT becomes the best source of raw data for votes. (Bagumbayan-VNP Movement, Inc. v. COMELEC, G.R. No. 222731, March 8, 2016).

Regulation of Public Utilities, Media and Franchises

The COMELEC may, during the election period, supervise or regulate the utilization of all franchises or permits for the operation of transportation and other public utilities, media, all grants, privileges and concessions, granted by the Government. (PHIL. CONST. art. IX-C, § 4)

The aim is to ensure equal opportunity, time, and space, and the right to reply, including reasonable equal rates for public information campaigns and forums among candidates. (PHIL. CONST. art. IX-C, § 4).

Updated: Posting campaign material on public utility vehicles or at transport terminals is not, by itself, subject to COMELEC’s power to regulate franchises or operating permits, except where safety-related operational concerns apply. (1-United Transport Koalisyon v. COMELEC, G.R. No. 206020, 14 April 2015)

Can the COMELEC regulate expressions made by private citizens?

Not categorically. COMELEC could not order removal of the Diocese of Bacolod’s tarpaulin under the campaign-material restrictions invoked there: the Diocese was a private, noncandidate speaker expressing its views on public issues, and its political speech was constitutionally protected. As such, COMELEC’s order to remove the tarpaulin posted by the Diocese of Bacolod bearing the heading ‘Conscience Vote’ was unconstitutional. (Diocese of Bacolod v COMELEC, G.R. No 205728, Jan. 21, 2015)