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Chasing the Wind: Assessing Philippine Democracy, Second Edition
the Supreme Court effectively ignored all such contra-Smartmatic petitions.
So, despite blatant violations of our election laws in 2010 and 2013 and
despite abundantly obvious aws in the Smartmatic system, the country's socalled “independent” election body, Comelec, awarded again a supply contract
for hardware and software to be used for the 2016 automated elections to the
clearly unqualied Smartmatic. It has to be a source of extreme wonderment
why the Philippines' top election ofcials – by now, three successive sets of
them – were so attached to this dubious and shadowy foreign supplier even if
its performance has been nothing short of atrocious and it was never qualied –
not being the owner of either the hardware nor the software it was providing –
to supply the automation technology in the rst place.
As the 2016 elections were nally conducted, Comelec once again refused to
enable the use of digital signatures to authenticate and validate electronically
transmitted election returns, once again in direct contravention of Republic Act
9369, our Automated Election Law. As previously stressed, this effectively
nullies all the transmitted returns because the law requires that these returns
must be digitally signed by the authorized election ofcial assigned to a
precinct in order to be deemed “ofcial”.
In addition to the non-enabling of digital signatures, Comelec introduced a
new vulnerability to the many already present in the system by issuing a
resolution requiring that the SD memory card that contains the results of the
voting in a particular precinct be “imported” into the corresponding city or
municipality canavssing computer/server. This meant that the SD cards from
the 92,509 precinct voting and counting machines all over the country had to be
physically transported to the city or municipality canvassing server
corresponding to each precinct and manually fed into the canvassing computer
to upload election results. This meant that manually delivered SD cards could
be the basis for “ofcial” election results and for proclaiming election winners,
and not, as required by law, the election returns (ERs) electronically
transmitted from the precincts. What this did was subject the election data and
results on the SD memory cards to the possibility of snatching and switching,
reminiscent of the snatching and switching of ballot boxes under the old
manual election system. Of course, such snatching and switching is far easier to
do with tiny SD cards.
Furthermore, for the 2016 election exercise, Comelec once again sidestepped
R.A. 9369's requirement for a “source code review” of the Smartmatic
automated election system software – by political parties and selected
independent experts. Comelec offered for review under rather restrictive rules
the source code of a software but then announced some 30 days before the May
9 election day that they had to replace that version with another. Complained
Edmundo Casiño, a computer science professor and former president of the
Philippine Computer Society: “About 30 days before the elections, the Comelec
said there would be a change in the source code, even though the code should
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