/ AFP PHOTO / NOEL CELIS
(Eagle News) — The Commission on Elections backed the position of Vice-President Leni Robredo on the 25 percent shading threshold for votes in the manual recount, as it sent its comment to the Presidential Electoral Tribunal on the poll protest case filed by former Senator Ferdinand “Bongbong” Marcos Jr.
In its comment sent by the Comelec legal department, the poll body said that it considered as “valid votes” marks that “cover at least about 25 percent of the oval for each candidate” in the May 2016 elections.
The poll body said that it had already changed its previous 50 percent shading threshold for votes which was its standard for the 2010 automated elections.
The Office of the Solicitor General (OSG) had a different opinion, and did not agree with the Comelec’s new threshold standard for the 2016 polls.
The OSG has already submitted a manifestation urging PET to junk Robredo’s appeal on the 25 percent shading threshold, regardless of what the Comelec’s position on the matter is.
“The Comelec, in the exercise of its constitutional mandate to administer elections and decide all questions relating to elections, has decided to calibrate the automated voter counting system for the May 9, 2016 National and Local Elections to read as valid votes, marks that cover at least about 25% (when seen by human eyes) of the oval for each candidate,” the poll body’s comment read.
Comelec explained that optical scanning technology used in the May 2016 elections was “configured” to count as votes marking that shaded at least 25 percent of the ovals.
The tribunal had earlier maintained the position that votes for the president and vice-president to be considered valid and counted should have at least 50 percent shading, citing its 2010 rules determining valid votes for presidential and vice-presidential contests.
The PET, which junked on April 10 Robredo’s earlier plea on the shading threshold, had asked the Comelec for its position on the issue.
-PCOS machines configured for 25% minimum shading, says Comelec-
In its 13-page comment, the Comelec claimed that its Random Manual Audit (RMA) process which it had used to audit the accuracy of the PCOS counting machines “used a diagrammatic guide which is consistent with a 25 percent shading mark when seen by human eyes.”
“The chosen technology—optical scanning technology—appreciates votes or non-votes according to how it is configured to that at least about 25% (when seen by human eyes) of the oval for each candidate,” it said in its comment.
“All election results are based on this threshold,” it said.
Comelec said the 25 percent shading threshold was maintained “to ensure that votes are not wasted due to inadequate shading or that no accidental or unintended small marks are counted in order to reflect the true intent of the voter.”
This was also one of the arguments cited by Robredo in her appeal.
The Comelec said that while it had instructed all voters to fully shade the ovals in their various voter information campaigns, the shading threshold was at about 25 percent of the oval.
The OSG took a different position from the Comelec, as it urged the PET to uphold its rejection of Robredo’s appeal on the 25 percent shading threshold, even if Comelec rules would favor Robredo’s arguments.
It said that the PET is the decisive authority on presidential and vice-presidential contests, and not the Comelec.
The Comelec only changed its shading threshold for the automated polls in May 2016. In the 2010 elections, the poll body had maintained a 50 percent shading threshold.
(with a report from Moira Encina, Eagle News Service)