Presidential Adviser on Political Affairs Gabriel Claudio said there may not be enough time to implement the law that authorizes the use of an automated election system (AES) this May.

"Given the proximity of the Bill’s passage to the May elections, we will have to rely on the Comelec’s judgment on the feasibility of implementing its provisions," Claudio said.

Comelec chairman Benjamin Abalos Sr. said the partial automation of the May 2007 elections is not feasible at this time inspite of the P2.6 billion budget allocated for its implementation.

Abalos cited the numerous procedures needed to ensure transparency in the bidding process for the procurement of an AES, and the extensive testing and training needed to ensure security and accuracy.

However, Senate Committee on Public Enterprises chairman Richard Gordon warned Abalos of facing the risk of impeachment and the penalty of removal from office should he fail to implement computerization.

"They have no other recourse but to implement it," Gordon, who is in Virac in Bicol Region, said over a phone interview yesterday.

He maintained that the election modernization law would change the image of the country from the negative perceptions that the Philippines cannot hold honest elections.

Failure to do so, Gordon noted, would be tantamount to abdication of duty and a ground for his removal from office through the impeachment process.

Gordon likewise dismissed the Comelec chair’s reasoning that lack of time precludes the commission from modernizing pivot areas. The senator said that there is only one reason for the Comelec to fail to computerize these pilot areas in May.

"Abalos is insisting to use the old machine banned by the Supreme Court."

Four years ago, the SC ordered the Comelec to return billion pesos worth of computerized election counting machines for failing to subscribe to the country’s bidding laws. These machines are still in the possession of Comelec as the case is pending in the courts.

Mrs. Arroyo had earlier this week signed the election automation law which mandates the use AES in selected parts of the country, in preparation for full poll automation in May 2010.

Meanwhile, Chief Presidential Legal Counsel Sergio Apostol agreed that the Comelec has the sole discretion on whether to implement the law mandating the use of an AES in the next elections.

"Chairman Abalos said it’s operationally impossible. I think the President did the right thing in signing the law. I personally believe there’s no more time to implement it this year. At least there’s already a law on poll automation. But the manner of implementing it is something we leave to the Comelec," Apostol said.