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King Prajadhipok’s Institute  31





                        The Election Code prohibits the use of public funds or
               government-owned equipment and facilities for an election campaign

               or any partisan activity. The release or use of public funds for public
               works projects 45 days in advance of an election is also prohibited in
               an effort to prevent the use of state resources to support a particular

               candidate or party.



                        The Automation Process


                        On June 7, 1995, Republic Act No. 8046 was enacted and
               authorized the COMELEC to conduct a nationwide demonstration of an

               automated election system and to pilot test the system in the Autonomous
               Region in Muslim Mindanao (ARMM). The first ever automated elections

               in the Philippines was held in the ARMM on September 9, 1996.

                        Following the perceived success of the ARMM automated
               elections, Congress subsequently enacted Republic Act No. 8436 on

               December 22, 1997, authorizing the COMELEC to automate the 1998
               national and local elections and succeeding elections. Because of the
               limited time to prepare for a nationwide automated election, however,

               automation was limited again to the ARMM in 1998, and the failure by
               the automated counting machines to read the ballots correctly in many

               municipalities in Sulu province resulted in the manual counting of the
               ballots.


                        In 2001, Congress failed to appropriate the necessary budget
               for the implementation of an automated election system (AES). In 2004,
               despite the appropriation of funds for automation, the COMELEC was

               not able to carry out an AES because of a Supreme Court ruling that
               declared as null-and-void the contract between the COMELEC and Mega
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