I laud the Commission on Elections' decision to uphold its earlier stand of using the 25% shading threshold as used in the 2016 National and Local Elections (NLE) to be used in the ongoing recount of votes for the Vice Presidential race.
The COMELEC has been required by the Supreme Court, acting as the Presidential Electoral Tribunal (PET), to comment on the urgent issue regarding the shading threshold as basis during the 2016 Automated NLE for the Robredo camp insists the 25% threshold while the Marcoses wants the tribunal to use the 50% threshold in the recount of the vice presidential votes.
In the ongoing PET Case No. 005, the Supreme Court used the 50% shading threshold for the recount of votes. But it was apparently used during the 2010 NLE and it was repealed in the 2016 NLE, adopting a 25% shading threshold. Incumbent Vice President Maria Leonor "Leni" Robredo asked the SC to reconsider the use of the 25% threshold in the recount for the reason that it was the rule applied in the 2016 elections and using the 50% threshold would decrease the number of counted votes in favor of the Protestee (Robredo).
Solicitor General Jose Calida also junked the COMELEC's stand to use 25% shading threshold and instead sided with the SC in adopting the 50% threshold in the recount of the Marcos-Robredo votes.
The Commission, in its 13-page comment to the PET, stated that "To reiterate, for purposes of the May 9, 2016 National and Local Elections, COMELEC, in order to ensure that votes are not wasted due to inadequate shading or that not accidental or unintended small marks are counted as votes in order to reflect the true intent of the voter, had set the ballot shading threshold at 25 percent."
With this comment from the COMELEC, it has been clear that they adopted a 25-percent shading threshold in the elections, therefore the SC has to use the same shading threshold in its vice presidential recount of votes so as to count each and every vote considered as valid votes by the Vote Counting Machines (VCM's). In that case, both parties (Robredo and Marcos) will benefit from these ruling because their votes under the 26-49% of shading thresholds shall be counted as valid votes and more importantly, it will not change the acquired number of votes for each candidate. Applying the 50-percent shading threshold in the recount will compromise the whole electoral process, as valid votes considered in the actual election day will not be counted as a vote in the recount.
Robredo only asks for fairness, not just for her sure win in the recount, but for all candidates in the election because it will also question their victory - which includes the President.
That is why I am thankful to the independent Commission in Elections for standing for the truth to ensure that our votes will be counted in the halls of the Court.
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