Hold Smartmatic accountable for changing programming script – Comelec commissioner
The Commission on Elections (Comelec) has barred Smartmatic personnel from the Canvassing and Consolidation System (CCS) workstation at the Philippine International Convention Center (PICC) in the wake of its breach of protocol when it changed the programming script of the transparency server without permission.
Comelec Commissioner Rowena Guanzon had earlier said Smartmatic should be held accountable for changing the programming script as she called for a formal investigation of the protocol breach.
In a memorandum to Smartmatic, the Comelec reminded it that the National Board of Canvassers (NBOC) has sole and absolute control over the CCS.
“Henceforth, access to the same shall be subjected to strict protocols. Your personnel shall not be allowed access to the same unless with specific prior authority from the NBOC or the Project Monitoring Office. In any case, access to the same shall always be under the direct supervision of a duly designated Comelec personnel,” read the memo signed by Comelec Commissioner Christian Robert Lim.
“Furthermore, kindly be reminded that as to any other equipment or system you may need to examine, please secure the consent of the undersigned prior to doing any action. Finally, in the spirit of utmost transparency, follow the protocol of announcing any action to all parties present before undertaking the same,” Lim added.
“This Automated Election System (AES) is not owned by Smartmatic. It is owned by the Comelec representing the people of the Philippines. It is owned by the government. They (Smartmatic) were not supposed to change anything without our knowledge and permission,” Guanzon said.
“What they should have done was, if they saw an error, they should have asked the (Comelec) en banc permission first, explained the problem, and then explained the solution. And if these were acceptable to us, then, we would have given the permission to do the changes,” added Guanzon.
Last Thursday, the Comelec admitted that Smartmatic initiated a cosmetic change in the programming script of the transparency server, server used in receiving electronically transmitted elections results, by allowing the system to recognize the “ñ” in the names of candidates instead of projecting the character “?”. But Comelec Chairman Andres Bautista assured that no cheating took place when Smartmatic changed the programming script.
But in a press briefing yesterday Guanzon said Smartmatic breached protocol that’s why the service provider “should be held accountable for it.”
Guanzon called for a formal investigation on the matter to determine if Smartmatic has a financial and other liabilities under their contract for breaching the protocol.
“They have a performance bond that we can hold. We can also, or I can, vote to refuse payment unless I am satisfied that the breach was benign,” she said.
“We will have to look at their contract. We will see if the breach is enough to disqualify them from bidding in future contracts,” Guanzon said when asked if she will push for the blacklisting of Smartmatic.
The Comelec en banc immediately formed a committee to investigate Smartmatic’s act of changing the hash code.
The committee will be chaired by lawyer Maria Norina Casingal of the Comelec Law Department, with lawyer Margareth Ching of the Personnel Department as vice chair.
Guanzon said she was thankful the changes made in the programming script did not result in any alteration of the AES as well as the results of the elections.
Earlier, Senator Ferdinand “Bongbong” Marcos Jr. asked the poll body to explain the changes made in the programming script of the transparency server convinced that the changes made may have links to the reason why fellow vice-presidential candidate Rep. Leni Robredo, was able to overcome his early lead on the partial, unofficial quick count of the Parish Pastoral Council for Responsible Voting (PPCRV).
But Smartmatic Project Manager Marlon Garcia, who made the change last May 9, explained that the changes were made with proper authority from the Comelec, which holds half of the password in gaining access to the program, with the other in Smartmatic’s possession.
“There are certain issues that we should elevate to the Comelec en banc. If there are major changes in the system that has a big impact or has financial repercussions, we have to escalate it to the en banc. If it is operational or technical, the Project Management Office can decide on it. It has been the established system since Day One,” he said.
But Guanzon disputed Garcia’s interpretation of the contract.