Description

Allegations of ARMM Automated Elections anomalies, sent with the following cover letter:

Service Group for National Legislation
PUP Complex, Pureza St., Sta. Mesa, Manila


29 May 2009


HON. FRANCIS “CHIZ” G. ESCUDERO
Co-Chairman
Joint Congressional Oversight Committee on RA 9369
Senate of the Philippines

Dear Sen. Escudero:
May I request your good office to please immediately look into the allegation that a cheating and/or tampering of the electronic transmission process occurred during the last ARMM automated election.

I understand that you have received a hardcopy of the letter containing such allegation by one of the bidders in the current Comelec automation program. The seriousness of the allegation deserves immediate inquiry no matter what the motives of the bidder may be. The stakes are simply too high for us to ignore the allegation.

The Senate Technical Working Group (TWG) on the election automation proposal which was later adopted into law as Republic Act 9369, of which I was a member, considered the possibility of tampering/cheating with the election results via the introduction of malicious codes into the system, either at the outset or through the various phases of the process like in the electronic transmission of results.

That is why a provision for an access by all stakeholders to the system’s source code on the day of election was specifically provided for in the law. This is to enable stakeholders to scrutinize any inclusion of malicious codes in the system or later into the system. Apparently not a single entity, especially national stakeholders, requested for copies of the source code of the various systems used in the last ARMM election (and the Comelec apparently did not inform the stakeholders and the general public about this provision). The observers from the bidder who wrote the letter were able to monitor the possible tampering only by comparing results.

Precisely because national stakeholders did not pay attention and interest in monitoring the last ARMM election, perhaps due to the regional nature of the contest, it cannot serve as a valid pilot test for the automation of elections nationwide. The Filipino people have not been properly prepared for a giant leap in voting culture and Comelec still lacks the proper experience to implement automation nationwide. More importantly, it is the very integrity of the poll body is in serious question and only by looking into the veracity of the above allegation can we finally resolve the issue.

I strongly urge your office to act swiftly before the formal awarding of the bid takes to avoid complications similar to the purchase of the 2004 counting machines – and while there is ample time to consider viable alternatives which may require amendments to the automation law. Moreover, there appears to be many technical issues under RA 9369 itself that need to be clarified.

I am confident that you will deal with the issue swiftly and decisively.

Yours truly,
BENJIE PINEDA