Resolution No. 8895

This pertains to the Memorandum dated April 27, 2010 of Commissioner Armando C. Velasco, forwarding the letter of Atty. Rosario T. Setias-Reyes, counsel for Legal Network for Truthful Elections (LENTE), requesting that LENTE be entitled to the 29^th copy of the election returns to be printed by the PCOS machines for the May 10, 2010 National and Local Elections.

The Memorandum of Commissioner Velasco is hereunder quoted, to wit:

"Repectfully forwarded, for consideration by the Commission en banc, is the attached letter of Atty. Rosario T. Setias-Reyes, counsel for Legal Network for Truthful Elections (LENTE), requesting that LENTE be entitled to the 29^th copy of the election returns to be printed by the PCOS machines for the May 10, 2010 National and Local Elections.

Section 19 of Republic Act No. 9369, amending Section 22 of Republic Act No. 8436, provides that:

...The twenty-seventh to the thirtieth copies, to the major citizen's arms, including the accredited citizen's arm, and other non-partisan groups or [organizations] enlisted by the Commission pursuant to Section 52(k) of Batas Pambansa Blg. 881. Such [citizens' arms], groups and [organizations] may use the four certified copies of election returns for the conduct of citizens' quick counts at the local or national levels...

In view of the accreditation of LENTE and other organizations as citizen's arm of the Commission, the Undersigned respectfully suggests that this matter be taken up vis-à-vis the foregoing statutory provision so as to clarify the issue of entitlement to the twenty-seventh to thirtieth copies of the election returns.

Thank you."

The letter of counsel for LENTE, Atty. Setias-Reyes is hereunder quoted to wit:

"This refers to the Decision dated April 16, 2010 granting the Petition for Accreditation of the Legal Network for Truthful Elections (LENTE) as a national citizens' arm deputized to assist the COMELEC in ensuring clean, honest and orderly elections.

In its Petition, LENTE sought COMELEC accreditation with the following specific authorities:

1. To conduct voters' education on the legal issues in preparation for any and all electoral exercises, in general, and in the forthcoming 2010 elections, in particular.
2. To observe and monitor the legal aspects of the forthcoming automated election system in May 10, 2010.
3. To provide legal assistance to all non-partisan groups engaged in election monitoring activities and in relation to irregularities in the conduct of the elections such as violations of election laws and other maters that may arise in the election process that require legal intervention or assistance; and
4. To acquire one of the two copies of the printed election returns, specifically the 29^th copy as well as the audit log of each of the Precinct Count Optical Scan (PCOS) machine;

In its Decision, the Honorable Commission sustained the allegations of LENTE and granted it authority to perform the duties of a national citizens' arm.

The decision, however, was silent, which may have been due to inadvertence, on the issuance of the 29^th copy of the election return in LENTE's favor. Without the crucial copy of the election return, LENTE would not be able to efficiently perform its functions as a citizens' arm and as a partner of the Honorable Commission in monitoring the conduct of the May 10, 2010 national and local elections.

We thus urgently request that the Decision be corrected accordingly.

Thankyou very much."

Considering that LENTE has been accredited as citizens' arm of this Commission pursuant to its resolution in SPP No.10-008 entitled, "IN RE: PETITION FOR ACCREDITATION AS CITIZENS' ARM FOR THE 2010 NATIONAL AND LOCAL ELECTIONS, LEGAL NETWORK FOR TRUTHFUL ELECTIONS (LENTE), Petitioner." promulgated April 26, 2010, the Commission RESOLVED, as it hereby RESOLVES, to grant the request of LENTE for a copy of the Election Returns pursuant to Section 19(13) of Republic Act No. 9369 aforequoted.

Let the Deputy Executive Director for Operations implement this Resolution.

SO ORDERED.