This was the view of prominent election lawyers and noted members of the legal profession who said that RA 9369, which is the basic law on poll automation, empowers the Comelec to prescribe the manner and procedure of counting the votes under the automated system.

"It goes without saying that the Comelec could prescribe the new manner of procedure of counting and canvassing the votes to make poll automation effective and conform substantially with the policy of the State to ensure free, orderly, honest, peaceful, credible and informed elections," the lawyers said.

The lawyers, most of whom have been practicing election laws for years, said they are pointing this out not because they are defending the Comelec, which they said is capable of defending itself, but because this is what the law provides. Moreover, they said they, like the rest of the citizenry, also want clean and honest elections.

The lawyers include Francisco B. Sibayan, Yasser B. Lumbos of the law firm Sibayan and Associates; Jose P. Icaonapo, former governor of the Integrated Bar of the Philippines for Metro Manila; Pete S. Principe, Bulacan IBP Chapter president; and Ernesto S. Dinopol, labor-management consultant and general law practitioner.

They said watchers designated by candidates, political parties and accredited citizens’ arms will still be able to perform their functions effectively when the election is fully automated either at the polling places or at duly designated counting and canvassing centers.

The Comelec, through its election officers, is required to prominently post in the bulletin boards of its offices the notices on designated counting centers for at least three weeks prior to election day, the lawyers said.

The election officers, the lawyers added, are required to prescribe the time, manner, and procedure of closing the polls and the steps for the correct reporting of votes and the proper conduct of the counting of votes for areas covered by Automated Election System.