REPUBLIC OFTHE PHILIPPINES.) 2uP> SUPREME COURT = MANILA ACNOV IL PN 3:18 Francisco 8. Aguilar, Jr., Theodore B. M. Aquino, Hermenildo R. Estretia, Jr., Ma. Salome 4. Mable, Jose V. Manatad, and. Guillermo Santos, Petitioners, eae Gx ne, 19420% COMMISSION ON ELECTIONS, represented by its Chairman Jose A.R. Melo, ‘Respondent. FOR Petitioners, Francisco 8. Aguilar, Jt., Theodore B. M. Aquino, Hermenildo R. Estrella, Ir., Ma. Salome A, Mable, Jose V. Manalad and Guillermo Santos (“Concerned Citizens”), through counsel, unto this Honorable Court most respectfully state that: NATURE OF THE PETITION ‘This is a Petition for Mandamus secking from this Honorable Court an Onder to compel the Commission on Elections to disclose to petitioners as Concemed Citizens the Photo images of all ballots east per precinct, together with the proclaimed results per precinct, during the May 2010 elections. THE PARTIES ‘The petitioners, Francisco S, Aguilar, Jr., Theodore B. M, Aquino, Hermenilde ®. Estrella, J Ma. Salome A. Mable, Jose V. Manalad, and Guillermo Santos, ate Filipinoccitizens!, registered voters and taxpayers of the Republic of the Philippines. They may be served with court processes, notices, orders and decisions through the undersigned counsel, ‘The respondent Commission on Elections (COMELEC) is the constitutional ‘goverment body vested with the powers and functions of enforcing and administering all Jaws and regulations relative to the conduct of an election. 1987 Philippine Constitution, Article 1X. Constitutional Commissions, C. Commission om Elections, Section 2(1). The respondent holds principal office at the Comelec Building, Postigo Street, Intramuros 1002 Manila, Philippines, where it may be seryed with summons and other court procésses, It is represented by its Chairman Jose A.R. Melo. ‘On 10 May 2010 and thereabout, respondent COMELEC conducted the first nationwide elections for national and local positions under the Automated Election System (AES) In the course of the implementation of the AES, the petitioners noted and verified with much concern that respondent COMELEC actually and virtually disabled various Security features designed 1 protect the integrity of the voting and counting process. These disturbing developments included but are not limited to the following: {@) removal of the requirement that the individual members of the board election inspectors (BEN) affix their digital signatures to the election returns, effectively leaving the electronic process of counting the ballots and transmitting the results to the oral control of the private outsource service provider Smartmatic TIM Corporation 1 See Guingana v. Comelec. G.R. No. 191846, 16 May: 2010, which held that “it the petition is anchored 6n the penple’s right to information on matters of public eoncemn, any citizen ean be the real party in lsterest. The requirement of personal interest js satisfied by the mere fact that the petitioner isa citizen, find therefore, pert of the general public which possesses the right. There is io need to:shovr any special interest in the result. It is sufficient that petitioners are citizens and, as such, arc interested in the faitiful execution ofthe lass.”(Smartmatic), without any check mechanism whatsoever on the part of the BEI, contrary to law, Cometec Resolution No. 8786, amending Resolution No. 8739, Sec. 40, 04 March 2010: Republic Act No. 8436, as amended hy Republic Act No. 9369, Secs. 2219) anal 30/25)"; Republic Act No, 8792, Sees. 3°, 8 and 9": 2 Section 40. “Counting of hallow and ramsmission of results: Procedure... (Remumbered) (is Revised) 1) Thereafter, the PCOS shall automatically count the votes and immediately display a message "WOULD YOU LIKE TO DIGITALLY SIGN THE TRANSMISSION FILES WITH A BEI SIGNATURE KEY, with a" YES" or "NO" option; 2) Press "NO" option. The PCOS will display “ARE YOU SURE YOU DO NOT WANT TO. APPLY A DIGITAL SIGNATURE?" with @ "VES" and "NO" option; bh) Press "YES" option. A message shall be displayed "PRINTING & COPIES OF NATIONAL RETURNS. PLBASE WAIT...” 3 SEC. 19, Soction 18 of Republic ActNo, 8436 is hereby amended t read ay fallains: “SEC, 22. Eleciromie Reisens, - Each copy of the of the printed election returns shall bear ‘appropriate control marks te determine the time and place of printing. Eack copy shall be signed and ‘thumbmarked by all the members of the Board of eleetion inspectors and the watchers present. Ifany ‘member of the boar! of election inspectors present refuses t9 sign, the chairman of the board shall note the ‘same copy in each copy of the printed election returns. The member of the board af clection inspectors ‘cancemed refusing to sign shall be compelled to explain his or her refusal to do so. Failure to explain an lusjustifiable refusal to sign cack copy of the printed clection return by any member of the board of election inspectors shall be punishable as provided in this Aet. The chaitinan of the boards shall them publicly read ‘anc announce the total numbers of registered voters, the total number of voters who actually voted and the ‘oral nuabers ef votes obtained by euch candidate based on the election retums. “The election returas transmitted electronically and digitally sigmed shall be consikered as official lection results and shall be used as the basis for the canvassing of votes and the proclamation of a ‘eandidate.”| 4 SEC. 25. A new Section 30-is hereby provided 10 read as follows “See. 30. Authentication of KTectrondcally Transmined Election Results, - The manner of determining the authenticity aid due execution of the certificates shall conform with the provisions ‘oF Republic Act No. 7166 as may be supplemented ar modified by the provision of this Act, where applicable, by appropriate authentication and certificatian procednes for electranie signatures ax provided in Republic Act No. 8792 as well asthe rules promulgated by the Supreme Court pursuant 5 Section 5. Definition of Terms- For the purposes of this Act, the following terms are defined, as follows. {¢) "Electronic signature" refers to any distinctive mark, characteristic und/or sound in electronic form, cepresenting the identity of person and attached to oF logically associated with the electronic data message or electronic document or any: methodology: or procedures employed or adopted by 1 person and ‘executed or adepted by stich person with the intention of authenticating or approving an electeonic data Ingssage or electronic document. 6 Section 8, Legal Recognition of Eleceronsc Signaturcs.- An electronic signature on the electronic document shall be equivalent to the signature of a person on & written document ifthe signature is an electronic signature and proved by showing that a prescribed procedure, not alterable by the parties