The Cenpeg vs COMELEC case does not call for having the automation project be null and void, afaik, only to compel (hence the writ of mandamus, from the latin that means 'we command') the release of the source code. The only similarity it had with the harry roque case is that both were filed with the supreme court. Apples and oranges.
Another case similar to roque will have to be filed to have the project done null and void if source code review will not be done, but personally I cannot support that. Sent from my Nokia phone -----Original Message----- From: Oscar Plameras Sent: 2009-10-15 06:34:04 Subject: Re: [plug] COMELEC SUED (Was: The Death of Election 2010SourceCodeReview) The similarity between these two cases is that the contract was argued as violating among others RA9369 and should be annulled. And this is the similarity I was referring to, RA9369. Now, the two cases differ as follows, The lack of "Pilot Testing" was crucial in that case. It was crucial because "Pilot Testing" cannot be substituted by any other process to achieve the specific purpose for which it was intended. And yet the case was lost and decided in favor of the Comelec. The SC has ruled that on balance there were no compelling evidence to rule in favor of "Roque". On the other hand, "Source Code Review" is not crucial to the integrity of the election because it is not the only way that the integrity of the election can be assured. There are other ways as the RA9369 has implied. But this case is before the SC, so let's wait and see. On Thu, Oct 15, 2009 at 12:16 AM, Pablo Manalastas <[email protected]> wrote: > --- On Wed, 10/14/09, Oscar Plameras <[email protected]> wrote: > >> As a matter of interest there was a previous court >> decision on a similar matter which was ruled by SC >> in favor of the Comelec. > > The "Harry Roque vs COMELEC-Smartmatic" is not a similar matter to the > "CenPEG vs COMELEC" case. The only thing similar is that both cases > were brought to the Supreme Court. > > In the former case, Roque wanted the contract between COMELEC and > Smartmatic-TIM declared null and void on several grounds, including questions > on the 60-40% ownership, Smartmatic's control of our election, and the lack > of pilot testing before full computerization. The Supreme court ruled in > favor of COMELEC. > > In the latter case, CenPEG wants COMELEC to release the source code of the > election programs (it is a mandamus petition), the source code that COMELEC > has already committed to release to CenPEG in its own en-banc resolution. The > Supreme Court still has to decide this case. > > Please verify your facts before making such careless statements, because such > careless statements offend the sensibilities of some people in this list. > > ~Pablo Manalastas~ > > _________________________________________________ > Philippine Linux Users' Group (PLUG) Mailing List > http://lists.linux.org.ph/mailman/listinfo/plug > Searchable Archives: http://archives.free.net.ph > _________________________________________________ Philippine Linux Users' Group (PLUG) Mailing List http://lists.linux.org.ph/mailman/listinfo/plug Searchable Archives: http://archives.free.net.ph _________________________________________________ Philippine Linux Users' Group (PLUG) Mailing List http://lists.linux.org.ph/mailman/listinfo/plug Searchable Archives: http://archives.free.net.ph
