Fearless forecasts did happen!
THE series of articles regarding Fearless Forecast about the Commission on Election’s (Comelec) non- compliance with AES Law (Episode I) and e-Commerce Law (Episode II) in 2016 elections started to be published here in The Manila Times on December 30, 2015. Those forecasts undeniably happened!
The accuracy of the forecasts was of the principles of management that have long been categorized into four major functions of planning, leading, organizing, and controlling ( Mintzberg, 1973; applying those four functions to comply with the Automated Election System (AES) Law or Republic Act (RA) 9369 and e-Commerce decisions based on the Comelec’s mission, vision and its laid strategic plan.
Let’s review some of the observations of AES Watch on how principles.
strategic plans crafted by Comelec in the past 24 years, the Comelec - STRAT 1116) was a total failure under the leadership of former 1116 could have been the best if implemented as it boasted of the following ten (10) pillars:
1. Election Administration - To improve the institutional and organizational capacity and accountability of the Comelec for managing and implementing modernized and credible electoral processes.
2. Electoral Dispute Adjudication - To resolve election cases in - ible manner.
3. Voter Education - To make voter education more effective and far-reaching by decentralizing the conduct thereof and improving the quality of education materials.
- To harmonize all election laws, rules and regulations through Election Code that is complete, updated, clear and responsive to the requirements of an election system.
autonomous on procurement and personnel matters to pro in responding to the needs of the employees and stakeholders.
establish a modern competencybased Human Resource Management System.
7. Technological Capability - To enhance the IT capability of Comelec to support the conduct of and credible elections and election adjudication and to strengthen IT– capable personnel in their pursuit of supporting modernized elections.
8. Integrity and Accountability - To enhance the accountability and transparency of Comelec management and operations.
9. Linkages with External Stakeholders - To enhance a strong and continuing partnership with external stakeholders domestic and international.
- - - dence.
plan early for the AES implementation in 2010, 2013 and 2016 elections. What is noticeable is a pattern that AES Watch observed regarding Comelec always projecting a ‘No more time’ scenario; an emergency case that pushes the stakeholders in a disadvantageous situation. Such should be controllable if at least Comelec would start the AES implementation project at least 18 months before the elections, excluding the bidding exercise. Within such period, the stakeholders and the Technical Evaluation Committee ( TEC) would have ample time to comply with RA 9369. Hence, proper planning would give chance for appropriate conduct of source code review, rigid technical preparations. That means for the 2019 elections, the start of 2019 AES project implementation should be in January 2018.
Leading. The original version of AES Law or RA 8436 was enacted in 1997 and it was amended as RA 9369 in 2007. Both RA 8436 and RA 9369 stipulate that the Comelec shall promulgate rules and regulation for its implementation and enforcement. After almost 20 years, no Comelec chairman has and senior staff to comply with this provision of the law in spite of so many lawyers within Comelec. Why? Is the AES Law hard to understand? Even the incumbent - ings that the stakeholders should same to them for review. Why not Comelec prepare the draft since the AES Law mandates them to do it! Will Comelec waste another 20