THE Supreme Court (SC) on Monday junked the petition seeking to prevent Commission on Elections (Comelec) Chairman Sixto Brillantes and two Commissioners from participating in the ruling on election protests for being loyal to Smartmatic.
This after the High Court dismissed the petition led by Source Code Kontra Daya which accused Brillantes and Commissioners Lucenito Tagle and Elias Yusoph of “blind loyalty” to Smartmatic.
Smartmatic is the corporation which supplied the automated election system (AES) used in the May 2010 and 2013 elections.
According to the high court, during their Monday’s en banc session, the petitioners failed to prove their case and there is no actual case controversy to be ruled upon.
“The petition has been filed without any actual judicial controversy from which this Court may issue a prohibition prayed for by petitioners,” the resolution reads.
The 15-member tribunal also avers that the petition is considered “premature” which shall cause for the dismissal of the case.
“It is not only based on conjectures but is highly speculative and does not warrant the relief prayed for,” it says.
Source Code Kontra Daya, led by Fr. Joe Dizon, has even warned the Brillantes and other Commissioners may face possible impeachment should the source code used in the May 2013 polls turn out to be “not the correct source code.”
They have asked the SC to declare the alleged acts of Comelec regarding the source code and other election matters as a “grand scale mass deception.”
Source Code Kontra Daya has questioned the election court’s failure to present the source code used in the AES, as mandated by law.