Group asks SC to probe leak of poll automation ruling

A citizens group on Thursday asked the Supreme Court to investigate Commission on Elections (Comelec) chairman Jose Melo and find out how he obtained advance information on an unreleased ruling favoring the commission’s 2010 poll automation project. In their petition for certiorari, prohibition, and mandamus, the Concerned Citizens Movement represented by lawyers led by Harry Roque said the court should hold Melo in contempt of court if proven that he was behind the premature disclosure. The case in question was filed by the same citizens movement, which asked the high court on July 9 to nullify the P7.2-billion deal signed by the Comelec and the Smartmatic-Total Information Management consortium to automate next year’s election. [See: SC asked to stop poll automation deal] As alleged by the CCM, the contract was riddled with irregularities, including violations of the law on poll automation, and thus have to be canceled before it results in heavy losses for the country. On Tuesday, Melo and Comelec spokesman James Jimenez were rejoicing that the high court’s justices have voted to defeat the petition and upheld the legality of the poll automation. Melo, a retired associate justice of the Supreme Court, told reporters that 11 justices voted for the contract and only Associate Justices Antonio Carpio, Conchita Carpio Morales and Arturo Brion dissented. One of the justice, Norberto Quisumbing was out of the country when the supposed voting took place. Jimenez said the Comelec chief learned about the result of the ruling from "sources who had been in touch" with the poll body ever since the case against the automation deal was filed. [See: Comelec welcomes reported SC vote in favor of 2010 poll automation] "Such statements uttered by Public Respondent Melo to the press constitutes contempt of court since he committed an improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the administration of justice," the petitioners said. 'Brazen disturbance' While Melo was quick to express his delight over the ruling, Supreme Court officials clarified that the ruling on the case was still not yet considered final since justices have the option to give an opinion or change their vote, while the ruling is not yet promulgated. Roque expressed "brazen disturbance" over the fact that Melo had access to and advance knowledge of confidential deliberations made by the magistrates even before promulgation. The lawyer said Melo’s supposed leaking of the details of the ruling could tarnish the Comelec’s reputation in facilitating the upcoming 2010 elections. "If Public Respondent Melo can flaunt his commission of illegal acts in obtaining confidential proceedings of the Supreme Court, then how can he be trusted with the sanctity of the electoral processes," he said. The petitioners expressed fears that the premature announcement of the ruling might "condition the public mind" when the actual decision is promulgated. In filing the petition against Melo, the CCM reminded the high court how it had sanctioned an associate justice and a newspaper editor for leaking unreleased court rulings. Justice Ruben Reyes was earlier banned and fined after being found responsible for leaking a then unpromulgated ruling on the citizenship case of Negros Oriental Rep. Jocelyn Limkaichong. [See: SC: Ex-Justice Ruben Reyes leaked Limkaichong ruling] The other leaking incident that the petitioners cited was the court’s decision in In Re Subido [81 Phil. 517 (1948)] wherein a newspaper editor was found guilty of leaking an unpromulgated ruling barring foreigners from acquiring agricultural lands in the Philippines. - GMANews.TV