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Supreme Court: Petition For Prohibition and Mandamus
Supreme Court: Petition For Prohibition and Mandamus
Supreme Court
P. Faura, Manila
COMMISSION ON ELECTIONS,
represented by its Chairman,
Hon. JOSE A.R. MELO,
Respondent.
x------------------------------------------------------x
I
PREFATORY STATEMENT
II
NATURE OF THE PETITION
III
THE PARTIES
IV
STATEMENT OF FACTS AND CASE
x x x;
- page 4 -
g) Press "NO" option. The PCOS will display "ARE YOU SURE
YOU DO NOT WANT TO APPLY A DIGITAL SIGNATURE?" with a
"YES" and "NO" option;
(Emphasis ours.)
V
ISSUES
VI
ARGUMENTS/DISCUSSIONS
RA 8436, as amended by RA
9369. clearly mandates the
respondent to incorporate a
digital signature with the
transmitted Election Returns.__
x x x
The said provision uses the word and, meaning that the
transmitted election returns should come with a digital signature.
Respondent COMELEC is in
clear violation of the law when
it directed the deactivation of
the digital signature during
transmission of Election
Returns._________________ _
Said Sec. 40, Paragraphs (f) to (h) of the Revised BEI Guidelines
reads,
x x x;
g) Press "NO" option. The PCOS will display "ARE YOU SURE
YOU DO NOT WANT TO APPLY A DIGITAL SIGNATURE?" with a
"YES" and "NO" option;
The above cited Paragraphs (f) to (h) has no other import and
meaning other than that the transmission of files is being done without
the required digital signature.
- page 7 -
VI
PRAYER
x x x;
g) Press "YES" option. The PCOS will display "ARE YOU SURE
YOU WANT TO APPLY A DIGITAL SIGNATURE?" with a "YES"
and "NO" option;
RESPECTFULLY SUBMITTED.
AVALaw
Counsel for the Petitioner
Unit 1100, 88 Corporate Center
Valero cor. Sedeo Sts.,
Salcedo Village, Makati City 1227
By:
COPY FURNISHED
VERIFICATION / CERTIFICATION
NOTARY PUBLIC
EMMANUEL HIZON
Affiant
NOTARY PUBLIC