Brillantes vs COMELEC, G.R. No. 163193, June 15, 2004

Facts: On December 22, 1997, Congress enacted Republic Act No. 8436 authorizing the COMELEC to use an automated election system (AES) for the process of voting, counting of votes and canvassing/consolidating the results of the national and local elections. It also mandated the COMELEC to acquire automated counting machines (ACMs), computer equipment, devices and materials; and to adopt new electoral forms and printing materials. On October 29, 2002, the COMELEC adopted, in its Resolution No. 02-0170, a modernization program for the 2004 elections consisting of three (3) phases, to wit: (1) PHASE I – Computerized system of registration and voters validation or the so-called "biometrics" system of registration; (2) PHASE II – Computerized voting and counting of votes; and (3) PHASE III – Electronic transmission of results. It resolved to conduct biddings for the three phases. Problems were encountered as to the enforcement of phase I and II, leaving Phase III imposable. The COMELEC issues Resolution No. 6712 regarding the said phase which leads to this petition. Jose Concepcion, Jr., Jose De Venecia, Edgardo J. Angara, Dr. Jaime Z. Galvez-Tan, Franklin M. Drilon, Frisco San Juan, Norberto M. Gonzales, Honesto M. Isleta and Jose A. Bernas, filed with this Court their Motion to Admit Attached Petition-in-Intervention. In their petition-in-intervention, movants-petitioners urge the Court to declare as null and void the assailed resolution and permanently enjoin the respondent COMELEC from implementing the same.

Issue: 1. Whether the petitioner and the petitioners-intervenors have standing to sue;

2. Assuming that they have standing, whether the issues they raise are political in nature over which the Court has no jurisdiction;

3. Assuming the issues are not political, whether Resolution No. 6712 is void:

(a) for preempting the sole and exclusive authority of Congress under Art. VII, Sec. 4 of the 1987 Constitution to canvass the votes for the election of President and Vice-President;

(b) for violating Art. VI, Sec. 29 (par. 1) of the 1987 Constitution that "no money shall be paid out of the treasury except in pursuance of an appropriation made by law;"

(c) for disregarding Rep. Acts Nos. 8173, 8436 and 7166 which authorize only the citizens’ arm to use an election return for an "unofficial" count;

(d) for violation of Sec. 52(i) of the Omnibus Election Code, requiring not less than thirty (30) days notice of the use of new technological and electronic devices; and,

(e) for lack of constitutional or statutory basis; and,

4. Whether the implementation of Resolution No. 6712 would cause trending, confusion and chaos.

Held: 1. The Petitioners And Petitioners-In-Intervention Possess The Locus Standi To Maintain The Present Action

2. The Issue Raised By The Petition Is Justiciable

3. The Respondent COMELEC Committed Grave Abuse Of Discretion Amounting To Lack Or Excess Of Jurisdiction In Issuing Resolution No. 6712

The assailed Resolution No. 6712 dated April 28, 2004 issued by the Commission on Elections (COMELEC) En Banc is hereby declared NULL AND VOID.