organization of the debates should be directed by this Court to implement Part

Organization of the debates should be directed by

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organization of the debates," should be directed by this Court to implement Part VI (C), paragraph 19 of the MOA, which allows the debates to be shown or live streamed unaltered on petitioner's and other websites subject to the copyright condition that the source is clearly indicated. ( Rappler, Inc. v. Bautista , G.R. No. 222702, April 5, 2016) This petition for certiorari and/or prohibition with prayer for the issuance of a writ of preliminary injunction and/or a temporary restraining order, assails the constitutionality of Sections 8, 9, 10 and 11 of Republic Act (R.A.) No. 8436, as amended by Section 9 of R.A. No. 9369, providing for the creation of an Advisory Council (AC) and a Technical Evaluation Committee (TEC), on the ground that it encroaches on the Commission on Elections' (COMELEC) mandate to administer and enforce all laws relating to the elections as provided for in Section 2( 1), Article IX-C of the 1987 Constitution. The functions of the AC are recommendatory, as can be gleaned from the assailed provision itself in Section 9 of R.A. No. 8436 which provides that the functions of the AC are merely to recommend, to provide advice and/or assistance, and to participate as nonvoting members with respect to the COMELEC's fulfillment of its mandate and authority to use the AES, and which in all instances, is subject to the approval and final decision of the COMELEC. On the other hand, the TEC's exclusive function is to certify, through an established international certification entity to be chosen by the COMELEC from the recommendations of the AC that the AES, including its hardware and software components, is operating properly, securely, and accurately, in accordance with the provisions of law. xxx. Nothing in the role of the Council or any outside intervention or influence shall be construed as an abdication or diminution of the Commission's authority and responsibility for the effective development, management and implementation of the AES and this Act. ( Chong v. Senate , G.R. No. 217725, May 31, 2016) In sum, the Congress created the [AC] and the TEC not to encroach upon the exclusive power of the COMELEC to enforce and administer laws relating to the conduct of the elections, but to (1) ensure that the COMELEC is guided and assisted by experts in the field of technology in adopting the most effective and efficient [AES]; and (2) to ensure clean elections by having disinterested parties closely monitor the COMELEC in procuring systems that operate properly, securely, and accurately. As such, it is apparent that, through the [AC] and the TEC, the Congress merely checks and balances the power of the COMELEC to enforce and administer R.A. No. 8436, as amended by R.A. No. 9369. It does not, however, substitute its own wisdom for that of the COMELEC. ( Chong v. Senate , G.R. No. 217725, May 31, 2016) Failure of Election Thus, the COMELEC exercises its quasi-judicial function when it decides election contests not otherwise reserved to other electoral tribunals by the Constitution. The COMELEC, however, does not exercise its quasi-judicial functions when it declares a failure of elections pursuant to R.A. No.
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