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Chasing the Wind: Assessing Philippine Democracy, Second Edition
on the devices without obvious signs of such tampering, it is clear at whose
doorstep this tampering should be laid.
With absolutely no cooperation from Comelec, which seemed bent on acting
precisely to ensure that there was no longer any way of retrieving data or
verifying its integrity, AES Watch doggedly investigated reported anomalies
and released its “Final Report” on the May 2013 automated polls ve months
later. Held at the University of the Philippines Law Center, this “2nd PostElection Conference” was given the title Raping Democracy: What Rule of Law?,
which made it rather clear what conclusions had been reached. The collective
assessment: “The 2013 polls was one of the worst devastations that has ever
struck the nation.”
To list the noteworthy discoveries established by AES Watch's
investigations: 1) A huge discrepancy of 59 million votes between the Comelec
list of winning senatorial candidates (June 5, 2013) and the Comelec public
access website (May 17, 2013); 2) An unexplained and very disproportional 12million vote surge only two hours after polls closed; 3) A canvassing marked by
long interruptions and apparent tampering of the program (meaning that there
was no publicly transparent and uninterrupted counting of votes as mandated
by the election code and the poll automation law); 4) An apparent attempt to
cover up the election blunders and anomalies through post-election excess
ballot printing and the killing of two reporters/whistle-blowers; 5) The
existence of a suspicious 60-30-10 nal sharing of canvassed votes (among the
LP coalition team, the UNA team, and the independents) which was found true
at all levels of the canvassed votes, from the clustered precincts to
municipalities/cities, provinces, regions, and the national canvass (as
determined by Ateneo University mathematics professor Felix Muga II); 6) No
conclusive review of the missing voting source code and no credible random
manual audit of the polls; 7) Disabling by Comelec and Smartmatic of various
mandated-by-law safeguards and security requirements; and 8) Absence of
digital signatures on all election returns and, hence, no legal basis for
proclaiming “winning” candidates.
It is especially important to emphasize that, in both the 2010 and 2013
automated poll exercises, Comelec did away with personal digital signatures
even if many observers and election watchdog groups have been screaming
that our poll automation law (R.A. 8436 as amended by R.A. 9369) specically
requires that “The election returns transmitted electronically and digitally signed
shall be considered as ofcial elections results and shall be used as the basis for
the canvassing of votes and the proclamation of a candidate.” In addition, the
Terms of Reference of the Comelec contract with Smartmatic species that “The
system shall transmit digitally signed and encrypted election results and reports
enabled by public/private key cryptography to provide authenticity, integrity,
and non-repudiation utilizing at least a 128-bit encryption scheme [emphasis in
the original].”
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