Comelec, Smartmatic, PPCRV charged with poll sabotage

Two groups filed yesterday before the Office of the Ombudsman charges of electoral sabotage against the Commission on Elections (Comelec), the Parish Pastoral Council for Responsible Voting (PPCRV) and automation service provider Smartmatic.

The complainants also asked the ombudsman to treat their case as a class suit.

The criminal charges stemmed from the controversial changing of the so-called hash code in the transparency server on May 9 during the quick count of votes for president, vice president and senators.

Named respondents to the case filed by Rodolfo Javellana Jr. of the Coalition of Clean Air Advocates of the Philippines (CCAAP) and the Mata sa Balota Movement (MBM) were the Comelec as an agency, Henrietta de Villa, PPCRV chair and Marlon Garcia of Smartmatic.

CCAAP, according to its complaint, holds office at the Franca Arcade along Malakas Street, Barangay Pinyahan in Quezon City.

Javellana was also part of the group Water For All Refund Movement that questioned Maynilad’s advance collections from its consumers in 2012.

The complaint directly accused the poll body of conspiring with an information technology (IT) expert in intentionally introducing a new script or program in the computer system while canvassing for the May 9 elections was ongoing. This allegedly violated specific rules under Republic Act 9369 or the Automated Elections Law, which placed “the credibility of the entire electoral process in doubt.”

A Smartmatic technician changed the “?” to “ñ” in the names of candidates that required the switch in script of the Comelec’s computer server.

“The switching in the script could not have been made alone by the respondent Smartmatic IT personnel except for and with the connivance of a Comelec personnel who was responsible for the safekeeping of the password (match code) which he provided to the former,” the charge alleged.

“Thereafter, there was a noted and unexplained surge and corresponding decline in the vote counts for the vice-presidential candidates and senators,” the complaint read.

While the events were allegedly happening and the results of the quick count already compromised, Comelec commissioners and the PPRCV chairman were reportedly adamant against suspending the canvass to pave the way for investigation and rectification.

“Despite the admission of the Comelec of the breach of protocol and the resultant abnormalities in the vote counts, respondent commissioners collectively failed to conduct a Random Manual Audit (RMA) as required under Section 24 of RA 9369 to determine the necessity of a manual count. Instead they allowed the canvass to continue,” CCAAP and MBM said.

“Irrespective of whether or not the change in the script altered the results of the electoral process, the mere change thereof is a prohibited act,” the complainants added.

The charges noted that Section 28 of RA 9369 prohibits acts of “Gaining or causing access to using, altering, destroying or disclosing any computer data, program, system software, network, or any computer-related devices, facilities, hardware or equipment, whether classified or declassified regardless of whether or not said acts affect the electoral process or results.

“To restate, the intentional manner within which a new computer script or program was introduced in the computer system and the premeditated refusal on the part of respondent commissioners to act justly and swiftly either simultaneous or subsequent to the switch are sufficient circumstances to prove conspiracy,” the complaint stressed.

CCAA and MBM said Comelec commissioners should also be held administratively liable for failing “to perform and discharge their duties with the highest degree of excellence, professionalism, intelligence and skill” under RA 6713 or the code of conduct and ethical standards for public officials and employees.

Comelec Commissioner Rowena Guanzon yesterday steered clear of the election sabotage case filed by the CCAAP and MBM before the ombudsman over the alteration of the hash code of the transparency server.

Guanzon was puzzled why Comelec was included in the charge sheet.

“He (Garcia) is not my agent. Is he my agent when Marlon Garcia did what he did? He is an agent of Smartmatic, isn’t it?” she said.

Garcia had initiated the alteration of hash code of the transparency server of the Comelec being used by the PPCRV in its quick count on the night of May 9.

The change of the source code has been blamed by the camp of vice presidential bet Sen. Ferdinand Marcos Jr. for the surge in votes for his closest rival Camarines Sur. Rep. Leni Robredo and allowed her to overtake him in the canvassing.

Guanzon added they have not received a copy of the petition but she is ready to respond.

PPCRV communications head Ana de Villa-Singson urged the groups that cried sabotage to check their facts first.

“I don’t know how they can say it is electoral sabotage to show data which is the same data that nine other recipients from the same Comelec server are receiving. Please be fair in your analysis,” said Singson.

She pointed out that all 10 organizations receiving data from the Comelec came out with the same tally.

“The 10 of us are just receivers and have no power to change anything,” said Singson.

As a matter of fact, she added, out of these 10 organizations it was only the PPCRV that filed a report to the Comelec on the hash code controversy.