Back to basics: IRR of RA 9369 needed

The Comelec failed to comply with the election automation law or Republic Act (RA) No. 9369 simply because of the missing link; that is, its implementing rules and regulations (IRR). Section 37 stipulates that “The Commission shall promulgate rules and regulation for the implementation and enforcement of this Act.” It’s been seven years but there has been no promulgation.

Is there a problem in preparing for the IRR? None! Where there’s a Will, there’s a Way. Take for example RA10366 entitled “An Act Authorizing the Commission on Elections to Establish Precincts Assigned to Accessible Polling Places Exclusively for Persons with Disabilities and Senior Citizens.” It was approved by President Aquino on February 15, 2013. Then August 30, 2013, only six months later, through Resolution No. 9763, Comelec promulgated its IRR. Kung gusto may paraan, kung ayaw may dahilan! But until now, I can’t think of any reason why Comelec could not come up with the IRR of RA 9369. That is why when they implemented the law in 2010 and 2013, the stipulations regarding source code review, digital signatures, etc. were not complied with. To date, there has been no effort to address these concerns.