DOJ starts inventory of evidence on poll fraud allegations

MANILA, Philippines - The Department of Justice (DOJ) yesterday started conducting an inventory of the pieces of evidence to be used in the investigation of alleged irregularities in the May 10 automated elections.

The National Bureau of Investigation (NBI), on the other hand, started its probe into similar complaints.

Officials at the NBI revealed they would summon several personalities, including representatives of the automation machine provider Smartmatic-TIM, to appear before the probe panel to comment on the complaints.

The Commission on Elections (Comelec) earlier called on the DOJ and the NBI to look into the source of the “Hello, Nico” compact disc containing a wiretapped telephone conversation purportedly between Interior and Local Government Sectary Ronaldo Puno and Comelec Commissioner Nicodemo Ferrer discussing poll fraud operations.

The DOJ was also urged to look into complaints that some of the compact flash (CF) memory cards used in the automated counting machines during the elections had been tampered to favor a particular candidate.

Acting Justice Secretary Alberto Agra said he has directed the NBI to conduct a fact-finding probe into this issue and is hoping recommendations will be submitted next month.

Agra said he obtained a copy of the “Hello, Nico” CD and turned it over to the NBI.

Lawmakers investigating allegations of fraud and other irregularities in the May 10 elections said there had been “no technological complaints” against Smartmatic.

Makati City Rep. Teodoro Locsin, chairman of the House committee on suffrage and electoral reforms, made this observation following a series of hearings on the allegations of fraud and cheating since May 25. - With Delon Porcalla and Sheila Crisostomo

Locsin said the complainants - most of them losing candidates - alleged they were electronically cheated but none managed to present proof.

Among the last two complainants who stated their cases only narrated that persons claiming to be representing either Comelec or Smartmatic had offered to cheat electronically, in exchange for a huge sum of money, but failed to prove it nonetheless.

“Are there no technological complaints against the system?” Locsin asked.

In the last hearing, Locsin listened to the allegations of defeated vice mayoral candidate Martin Ilagan of San Pablo, Laguna that he was offered as much as P30 million, which he declined.

Locsin categorically declared that he was convinced that Smartmatic was able to explain fully why it cannot be possible to hack the automated system.

“They have been able to answer everything,” he said. “They have nothing more to explain further. I don’t need Smartmatic, what I need is Comelec (to be investigated). We’re collating all the facts, preparing the committee report, and we have a satisfied one,” he said.

Locsin said he will be training his guns on errant Comelec personnel, under whose authority the passwords of the entire system have been kept.

He hinted some errant Comelec personnel are behind the group that may have approached the politicians offering their expertise for a fee.

On the other hand, Locsin suggested that he would recommend Smartmatic to do it again in the 2013 elections.

“Why not? If they can plug the loopholes, who knows if they can answer everything in investigations and audit are made,” he said.

The Venezuela-based company bagged the P7-billion contract from Comelec to automate the May 10 elections.

Smartmatic used the optical media recognition technology, similar to a computer scanner, to transmit the votes during the elections.

The Philippine government, through Comelec, leased the precinct count optical scan (PCOS) machines from Smartmatic.

Legal Network for Truthful Elections (Lente) and the Integrated Bar of the Philippines (IBP), on the other hand, called on a re-evaluation of the “contractual obligations” of Smartmatic.

Lente convenor and IBP governor Roan Libarios alleged that Smartmatic committed many blunders during the May 10 elections and called on the Comelec not to pay the Venezuelan firm the full price of the contract.

“We are evaluating the contractual obligations of Smartmatic at least in the contract. We want to know which part of the contract they have complied with and which parts they did not follow,” Libarios said.

Former Comelec chief Christian Monsod said Smartmatic could be held liable for some blunders that had shaken the integrity of the automated elections.

Monsod also said Smartmatic defaulted in some “deliverables” in the contract, which could affect the conduct of the elections.

He said the timeline for effecting changes in schedules could have also been violated in the course of the preparations.

“We think that before the election, it was given that we should work to make it work. After the elections, it’s accountable time,” he said.

Libarios maintained the Comelec might not have to pay Smartmatic-TIM the full contract price, considering these mix-ups.

“It might be the other way around. We might even have to claim damages from Smartmatic-TIM,” he added. - With Delon Porcalla and Sheila Crisostomo