I am not a lawyer but I am convinced that when a PCOS machine rejects a ballot filled up by a qualified Filipino voter, the very essence of the right to vote protected by the Universal Declaration on Human Rights and the Philippine Constitution is violated.
In the last elections, thousands of qualified voters were not able to exercise their right to vote because the PCOS rejected their ballots.
I almost suffered that fate. My ballot was rejected twice and it was only on the third try that it was accepted by the PCOS machine.
In New Antique, M’lang, North Cotabato, one of my supporters whose ballot was rejected three times insisted that the feeding is continued because he wanted his vote to be counted. On the 15th try, the PCOS finally accepted his ballot.
But what about those who did not insist that their ballot should be continuously fed to the PCOS until it is accepted? Plain and simple, their right to vote was violated.
This is going to be a very valid Constitutional issue which could be raised before the Supreme Court by those who believe that the PCOS machines should not be used anymore in future Philippine elections.
My argument is based on very simple Constitutional foundations. What are the qualifications of a voter in the Philippines?
Article 5 of the Philippine Constitution states the qualifications very clearly:
SUFFRAGE
SEC. 1.
Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote for at least six months immediately preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage.
Who are disqualified from exercising the right to vote?
- Those individual convicted and sentenced to be in prison for one year and up;
- Individual found guilty of rebellion, sedition, and other crimes that threatens national security or betrayal of government.
- Individuals proven to have a mental-deficiency.
- Those who are not citizens of the Philippines.
- Those who lost their Filipino citizenship and pledged loyalty to other countries.
- Those who commit an offense of disloyalty under Art. 137 of the Revised Penal Code.
There is no law which says that “those whose ballots are not accepted by the PCOS machine after three attempts shall be disqualified from voting.”
There is also no law which states that “Ballots which were shaded beyond the circle opposite the candidate’s name shall not be counted.”
There is also no law which states that “Voters who crumple their ballots in the process of filling up the spaces shall be disqualified from casting their votes.”
There is also no law which says that: “Voters whose dirty hands smudged their ballots shall be disqualified from voting for their candidates.”
Yet all of these happened in the 2010 and 2013 Automated Elections.
I believe it is now time for those whose ballots were rejected and whose votes were not counted because of the above mentioned reasons to come forward and file their complaints.
Their complaints will be consolidated into a suit which I intend to refer to legal experts who will then take this up with the Supreme Court citing issues of Constitutionality so that in the next elections, the monster called the PCOS Machine will no longer be used.
Please forward all of your names and addresses to: Atty. Rene Alexis Villarente at renealexisvillarente@yahoo.com.
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