THE Supreme Court yesterday directed the Commission on Elections and online news outfit Rappler to answer the petition filed by Solicitor General Jose Calida seeking to void the memorandum of agreement they entered into for fact-checking the May 9 elections and a temporary restraining order to stop its implementation.
“The Court en banc during its deliberation today ordered the respondents to file their respective comments on the petition and application for a TRO within a non-extendable period of 10 days from receipt of order,” SC spokesperson Brian Keith Hosaka said.
“Respondents to file their comments via personal service to the Court, “ he added.
In his petition Calida told the SC the MOA violates the 1987 Constitution and other laws, aside from being onerous to the government. Calida said the Comelec chose not to rescind the MOA despite his legal advice that it is void and illegal.
“It is beyond belief that the Comelec has allowed a foreign non-registered entity to interfere (with) the conduct of the country’s election. Even if Rappler is treated as an existing corporation, it is a foreign mass media entity managed by an American citizen whose operations are funded and or controlled by foreign entities that include Omidyar Network Fund L.L.C,” the OSG petition said.
The Securities and Exchange Commission had earlier revoked Rappler’s certificate of incorporation. On appeal, the Court of Appeals did not issue any resolution to stay or reverse the SEC revocation.
Calida said the MOA violates the constitutional and statutory proscription against foreign interference in the conduct of elections, adding that Rappler’s interference comes in various forms.
The MOA, Calida added, grants Rappler unqualified access to “data of unstransmitted votes to all the canvassing centers due to lowering of threshold, and other technical issues in the automated election system” without, again, any safeguards on how the Comelec and Rappler will protect the sanctity of the untransmitted votes.
Presidential aspirant and former senator Ferdinand “Bongbong” Marcos Jr., through his campaign manager Benhur Abalos, had earlier said the Comelec should reconsider the agreement as Rappler is a foreign entity.
