Friday, July 12, 2013

PPCRV Chairman de Villa, et al, in 2010 and 2013 Ombudsman Case

PRESS RELEASE
Tanggulang Demokrasya
Tess Baltazar: 0917 880 4169
PPCRV logo and Henrietta de Villa
PPCRV logo and Henrietta de Villa
Parish Pastoral Council for Responsible Voting (PPCRV) Chairperson and the Chairperson of theTechnical Working Group on the Random Manual Audit (TWG-RMA) of the COMELEC, HENRIETTA DE VILLA, joins then Commission on Elections Chairman JOSE A.R. MELO and Commissioners RENE V. SARMIENTO, NICODEMO T. FERRER, LUCENITO N. TAGLE, ARMANDO C. VELASCO, ELIAS R. YUSOPH, and GREGORIO Y. LARRAZABAL ,referred to collectively as the MELO COMELEC, and current COMELEC Chairman SIXTO S. BRILLIANTES, JR. and Commissioners LUCENITO N. TAGLE, ELIAS R. YUSOPH, CHRISTIAN ROBERT S. LIM and MARIA GRACIA CEILO M. PADACA, referred collectively as the BRILLANTES COMELEC, as co-accused in a criminal and administrative complaint filed by the Tanggulang Demokrasya (TanDem) and Bagumbayan before the Office of the Ombudsman, for various violations of the AES Law as follows:
DE VILLA, in her capacity as Chairperson of the TWG-RMA, approved the Report of the TWG-RMA on the Random Manual Audit of the AES in the 10 May 2010 National and Local Elections dated 20 July 2010, which absurdly used the 1% allowable variance rate for “statistical analysis” by the National Statistics Office (NSO), in auditing the PCOS machines for compliance with the technical “accuracy rate” of 99.995%, deceitfully giving the machines a passing mark when they in fact failed the accuracy test by registering only a 99.6% accuracy rate, in violation of the 99.995% accuracy mandated by the law.
The MELO COMELEC by its own official action in issuing Comelec Resolution No. 8786, violated the very laws the agency is mandated to implement, particularly the suspension of the various security features that would safeguard the Automated Election System (AES) against electronic cheating, and the new Section 29 of Republic Act No. 8436, as provided by Section 24 of Republic Act No. 9369, by diluting the critical element of randomness of the manual audit.
The BRILLANTES COMELEC by its own official action in issuing Comelec Resolution No. 9640 likewise violated the very laws the agency is mandated to implement, particularly Section 6 of Republic Act No. 8436, as amended by Section 7 of Republic Act No. 9369 which orders a source code review to be conducted by an interested party before it was used in the May 13, 2013 elections to safeguard the integrity of the AES system and the conduct of said elections.
Executives of AES providers, Smartmatic and Total Information Management, have also been included as co-accused in the Tan Dem Ombudsman case considering that these companies have been placed in charge of practically all the technical aspects of the AES, hence, must also be held liable for the illegal disablement of the digital signatures, vote verification function and source code review, required by the automated election laws.
Tan Dem is an aggrupation of some 18 citizens and professional associations advocating the protection of democratic institutions such as national sovereignty and the citizens suffrage rights, while Bagumbayan is the political party of Sen. Richard Gordon. **

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