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TANGGULANG DEMOKRASYA (Tan Dem)

Mandaluyong City Website: www.tandem.org.ph Email: info@tandem.org.ph +63.923.984.4468

27 February 2012 This Document is the response of Tanggulang Demokrasya (TanDem) to the Reports of the Commission on Elections to the President and the Congress of the Philippines on the Conduct of the Automated 2010 National and Local Elections and the Comelec Advisory Council to the Joint Congressional Oversight Committee on the same subject. TanDem finds these two Reports self-serving as a narration of events and incomplete as to the authencity, verifiability and validity of the results of the 2010 National and Local Elections. 1. TANDEM CITES JUST THE FIRST THREE REASONS WHY:
ONE. The voter had no way of verifying if his votes were recorded by the PCOS. The law required that the PCOS minimum capability include a vote verifiability list. This capability to show the vote was shown during the PCOS public demonstrations but was disabled during the elections. The voter was only notified by a message in the PCOS screen stating Congratulations. You have voted! TWO. There is no way to check the authenticity of the ballot. The PCOS ultraviolet (UV) scanner was disabled and later replaced by handheld UV scanners, which were harldy used in the elections. THREE. The Election Returns (ER) from the precincts, and the Certificates of Canvass from the municipalities, cities, provinces and national did not bear DIGITAL SIGNATURES, hence these are UNVERIFIABLE AND CANNOT BE AUTHENTICATED.

Tan Dem is a multisectoral alliance of civil society leaders, civic organizations, networks and institutions -- committed to protect democracy from fraudulent electoral exercises.

Bangon, Bayan!

TANGGULANG DEMOKRASYA (Tan Dem)


Mandaluyong City Website: www.tandem.org.ph Email: info@tandem.org.ph +63.923.984.4468

2.

THE DIGITAL SIGNATURES, WHICH ACCORDING TO LAW SHALL BE AFFIXED BY THE BOARD OF ELECTION INSPECTORS IN THE PRECINCTS, AND BY THE BOARDS OF CANVASSERS IN THE MUNICIPALITIES, CITIES, PROVINCES, COMELEC AND CONGRESS, WERE DISABLED, AND THE ILLEGAL CHARACTER AND HARMFUL EFFECTS OF DISABLING THE DIGITAL SIGNATURE FEATURE WERE COVERED UP.
RA 9369 (the election law) states Sec 18 and 19 - Election Returns, B. Electronic Transmission. , "The election returns transmitted electronically and digitally signed shall be considered as official election results and shall be used as the basis for the canvassing of votes and the proclamation of a candidate." SEC. 25. "Authentication of Electronically Transmitted Election Results. - The manner of determining the authenticity and due execution of the certificates shall conform with the provisions of Republic Act No. 7166 as may be supplement or modified by the provision of this Act, where applicable, by appropriate authentication and certification procedures for electronic signatures as provided in Republic Act No. 8792 [Electronic Commerce Act] as well as the rules promulgated by the Supreme Court pursuant thereto." The digital signature is the primary feature to determine the authenticity and verifiability of the election returns from the precincts. The election law (RA 9369) requires it, Electronic Commerce law requires it, and this same requirement was required by Comelec in its Contract with Smartmatic. To quote: Schedule of Requirements of the Contract, Section VI: 1.2 Digital signatures [for all users of PCOS, CCS and various servers--257,425 to be delivered by November 11, 2009]

Tan Dem is a multisectoral alliance of civil society leaders, civic organizations, networks and institutions -- committed to protect democracy from fraudulent electoral exercises.

Bangon, Bayan!

TANGGULANG DEMOKRASYA (Tan Dem)


Mandaluyong City Website: www.tandem.org.ph Email: info@tandem.org.ph +63.923.984.4468

POINT 1. BUT COMELEC DELIBERATELY DISABLED THE DIGITAL SIGNATURES. Comelec issued on Resolution 8786 March 4, 2010 that no longer required the use of digital signatures. The Resolution, addressed to the Board of Election Inspectors (BEI) stated: "WHEREAS, there is a need to amend or revise portions of Resolution No. 8739 in order to fine tune the process and address procedural gaps; SEC. 40. Counting of ballots and transmission of results f) Thereafter, the PCOS shall automatically count the votes and immediately display a message "WOULD YOU LIKE TO DIGITALLY SIGN THE TRANSMISSION FILES WITH A BEI SIGNATURE KEY?", with a "YES" or 'NO" option; g) Press "NO" option. The PCOS will display "ARE YOU SURE YOU DO NOT WANT TO APPLY A DIGlTAL SIGNATURE?" with a "YES" and "NO" option; h) Press "YES" option."

THEREFORE, THERE WERE NO DIGITAL SIGNATURES IN THE ELECTION RESULTS. The Board of Canvassers in the municipality and/or city receiving the Election Returns have no means of tracing where an ER came from and from whom, and no way to AUTHENTICATE AND VERIFY THE RESULTS OF THE ELECTRONICALLY TRANSMITTED ERs from the precincts.

Tan Dem is a multisectoral alliance of civil society leaders, civic organizations, networks and institutions -- committed to protect democracy from fraudulent electoral exercises.

Bangon, Bayan!

TANGGULANG DEMOKRASYA (Tan Dem)


Mandaluyong City Website: www.tandem.org.ph Email: info@tandem.org.ph +63.923.984.4468

Comelec Resolution No. 8609, General Instructions to the Board of Canvassers, did not have any mention of using digital signatures in their electronic transmissions of the Statements of Votes and Certificates of Canvass to the provinces, Comelec and Congress (House of Representatives and Senate). POINT 2. Comelec Chairman Melo, and Exec. Director Tolentino ADMITTED that Comelec disabled the digital signatures and cited their reasons. In the Committee on Suffrage and Electoral Reforms in the House of Representatives, May 20, 2010. What prompted the change in the instructions to the BEI? Mr. Jose Armando R. Melo, Chairman, Comelec,offered an explanation: Yes, sir. When we were talking about this, the signature of the BEI chairman and the other members it came about that... we were saying that the BEI people may be threatened or some of them may not report at all. So what will happen to the transmission? So we limited it to the actual signature of the Chairman. And the other members, we did not ask them to have a signature anymore because it will... the cost will come out to a more than a billion altogether. The fears expressed by Chairman Melo that the BEIs might be threatened or might not show up are realities that election workers, watchers, and other parties had experienced in previous elections. These do not justify requiring them not to digitally sign the election returns. The matter can be addressed with careful, meticulous planning, including the provision of the backup actions in the event members of the BEI do not show upon on election day. When did Comelec make the determination that it will save at least P1 billion by limiting the digital signature to the BEI chair? If the determination was made before the bid, then Comelec had already chosen the technology to be used for the 2010 Elections. If it made the determination during the implementation of the chosen technology, shouldn't the contract price be reduced to P6.2 billion?
Tan Dem is a multisectoral alliance of civil society leaders, civic organizations, networks and institutions -- committed to protect democracy from fraudulent electoral exercises.

Bangon, Bayan!

TANGGULANG DEMOKRASYA (Tan Dem)


Mandaluyong City Website: www.tandem.org.ph Email: info@tandem.org.ph +63.923.984.4468

By the way, there were NO digital signatures of the BEI Chair in the electronically transmitted Election Returns. The digital signatures of the entire set of the Board of Election Inspectors, including the Chair, were all disabled and not used. 2nd Admission: Comelec Director Tolentino in the same Congressional Committee Hearing Exec Director Tolentino stated that automation law did not actually say that the BEIs should have their own digital signatures to digitally sign the ERs. It was enough if the PCOS yielded its own digital signature, which served as the digital signature of the BEI assigned to that particular PCOS. NOTE 1: This is an after-thought when many learned about the Comelec en banc Resolution 8786, where they disabled the digital signature. Director Tolentino did not state RA 9369 has a specific provision referring to the Electronic Commerce Act 2000, as follows: SEC. 25. A new Section 30 is hereby provided to read as follows: Sec. 30. Authentication of Electronically Transmitted Election results The manner of determining the authenticity and due execution of the certificates shall conform with the provisions of RA7166, as may be supplement or modified by the provision of this Act, where applicable, by appropriate authentication and certification procedures for electronic signatures as provided in RA 8792 (the Electronic Commerce Act 2000) as well as the rules promulgated by the Supreme Court (SC Rules on Electronic Evidence) pursuant thereto. NOTE 2: The above provision was not mentioned because he will be caught deliberately not telling the truth because the RA8792 was very specific when it comes to electronic signatures:
Tan Dem is a multisectoral alliance of civil society leaders, civic organizations, networks and institutions -- committed to protect democracy from fraudulent electoral exercises.

Bangon, Bayan!

TANGGULANG DEMOKRASYA (Tan Dem)


Mandaluyong City Website: www.tandem.org.ph Email: info@tandem.org.ph +63.923.984.4468

Sec 5.e. Electronic Signature refers to any distinctive mark, characteristic and/or sound in electronic form, representing the identity of a person and attached to or logically associated with an electronic data message. Sec 8. Legal Recognition of Electronic Signatures An electronic signature on the electronic document that shall be equivalent to the signature of a person on a written document . Sec 9. Presumption Relating to Electronic Signatures in any proceedings involving an electronic signature, it shall be presumed that: a. The electronic signature is the signature of the person to whom it correlates POINT 3. The Locsin Report tried to COVER UP THE ILLEGALITY AND HARMFUL EFFECTS OF THE LACK OF DIGITAL SIGNATURES when it stated:
14. The digital signatureonly of a particular PCOSand not of the BEI person herself was conceded as being, for practical but not legal purposes, sufficient compliance with the intent of the E-Commerce and Automated Election laws. The Chair argued that a PCOS [or machine] digital signature serves equally as the digital signature of the BEI who has custody of the machine because it is possible to link one to the other.

BUT, the Joint Forensic Final Report of June 9, 2010 by the Forensic Team to the Senate President and Speaker of the House stated, in relation to the investigation and initial forensics of the 60 PCOS machines discovered in an Antipolo house of a Smartmatic Technician, stated that such practical purposes was not true, as there were no such digital signatures. The Report stated:

Tan Dem is a multisectoral alliance of civil society leaders, civic organizations, networks and institutions -- committed to protect democracy from fraudulent electoral exercises.

Bangon, Bayan!

TANGGULANG DEMOKRASYA (Tan Dem)


Mandaluyong City Website: www.tandem.org.ph Email: info@tandem.org.ph +63.923.984.4468

Absence of Machine Digital Signatures Examination o the PCOS machines revealed that there was no evidence found to prove the existence of digital certificates in the PCOS machines, contrary to the claims of Smartmatic. The technicians of Smartmatic were not able to show to the forensic team the machine version of the digital signature, alleging that they do not have the necessary tools to show the same. More so, they were at a quandary as to how to extract the said machine signatures--- to the dismay of the forensic team. If there are digital certificates, then these were supposed to be revealed. The forensic team tried to extract the digital signatures but to no avail. Hence, the forensic team is of the opinion that there exists no digital signature in the PCOS machine.

POINT 4. The contention of Comelec that the machine digital signature (whatever this is) is sufficient alternative to the true digital signatures required by law, is patently UNTRUE. ITEM 1. Comelec and Smartmatic-Tim CANNOT show a machine (or PCOS) digital signature.

Up to now, 17 months after this Forensic Report, Comelec nor Smartmatic-Tim CANNOT SHOW any evidence of a PCOS machine digital signature. ITEM 2. There HAS BEEN NO IMPLEMENTATION in any computer system (in government institutions or banks) using such concept of authenticating via machine digital signatures. ITEM 3. Such a computer system standard of the claimed machine digital signature for authenticating electronic transmissions, is non-existent not only in the Philippines but in the world. Try looking up machine digital signature in Google or Wikipedia and you will not get any article stating such exists to authenticate electronic transmissions.

Tan Dem is a multisectoral alliance of civil society leaders, civic organizations, networks and institutions -- committed to protect democracy from fraudulent electoral exercises.

Bangon, Bayan!

TANGGULANG DEMOKRASYA (Tan Dem)


Mandaluyong City Website: www.tandem.org.ph Email: info@tandem.org.ph +63.923.984.4468

ITEM 4. The claimed use of machine digital signatures (if ever there is one) is a very inferior way of authenticating critical electronic data transmission. In the case of the 2010 elections, anybody (BEI or non-BEI or anyone) who has access to a PCOS machine (whether the PCOS is in the precinct, somewhere near as a back-up or in the Smartmatic warehouse or in Antipolo, as found out) CAN SEND an Election Return to a Board of Canvassers (BOC) Canvassing Computer in the municipality. The municipal BOCs would have NO WAY to know where the ER (or the SOVs and COCs in the case of lower level BOCs) is coming from. And the succeeding BOCs, from the cities to the provinces to Comelec, Senate and Congress have no way to trace, authenticate and check the due execution of the Certificates of Canvass coming from municipalities. As proven above, there were no digital signatures used in all levels of the 2010 elections. The Board of Canvassers, from the municipal, city, provinces and national canvassing centers, CANNOT AUTHENTICATE, DULY EXECUTE AND CERTIFY THE CERTIFICATES OF CANVASS THEY TRANSMIT ELECTRONICALLY TO THE HIGHER LEVELS OF CANVASSING. THE ONLY CONCLUSION ONE CAN MAKE IS THAT IN THE 2010 ELECTIONS, ALL BOARD OF CANVASSERS PROCLAMATIONS OF WINNERS SHOULD HAVE BEEN NULLIFIED.

Tan Dem is a multisectoral alliance of civil society leaders, civic organizations, networks and institutions -- committed to protect democracy from fraudulent electoral exercises.

Bangon, Bayan!

TANGGULANG DEMOKRASYA (Tan Dem)


Mandaluyong City Website: www.tandem.org.ph Email: info@tandem.org.ph +63.923.984.4468

3.

THIS VIOLATION OF THE LAWS ON DIGITAL SIGNATURES WERE INDICATED IN TWO CRITICAL PROTESTS, THAT UP TO NOW, COMELEC HAS NOT DECIDED ON:
3.1 The Lone District of Biliran Protest Congressman Glenn Chong filed a protest that showed, because there were no digital signatures, the following hacking and cheating have been committed. This incidents have been reviewed by the Philippine Computer Society and a corresponding report has been submitted to the Comelec. SOURCE: Audit trails of PCOS machines in the precincts and Audit trails of Municipal Board of Canvassers (MBOC) Canvassing and Consolidation Server (CCS) INCIDENT 1. MBOC Server received election results for the SAME precinct from several PCOS machines -bearing different results. Seven instances. INCIDENT 2. Server can accept transmissions outside the normal range of time allowed for a reasonable delay in the transmission (e.g., past midday of May 11 or about 29 hours after precinct opened. This long gap in transmission may have been used to alter the authentic elections results for pivotal precincts. INCIDENT 3. Server received elections returns from PCOS machine different from the PCOS assigned to precincts already closed. This different PCOS machine has a different Internet address. Receipt of 1st set of election results. Precinct closed.

Tan Dem is a multisectoral alliance of civil society leaders, civic organizations, networks and institutions -- committed to protect democracy from fraudulent electoral exercises.

Bangon, Bayan!

TANGGULANG DEMOKRASYA (Tan Dem)


Mandaluyong City Website: www.tandem.org.ph Email: info@tandem.org.ph +63.923.984.4468

Receipt of 2nd set of election results a few hours LATER, SAME precinct but ANOTHER internet address, and DIFFERENT results from the first. 3.2 The Protest of Mayor Atienza in Manila

The results showed significantly that because there were no digital signatures, there were election results from precincts that were transmitted to the Board of Canvassers, after the closing of precincts in the May elections. The following charts will indicate these situations, which are very similar to the Biliran protest. Clustere d Precinct Number Establish ed Precincts Numbers Candida te We b ER Vote s Ball ot Box ER Timesta mp Physic al Count May 22, 2010 6:14:54 PM 1. Transmissio ns should have been made after precinct closing.

783

2222A, 2222B,

191 Lim 190 70 191

811

2223A 2300A, 2301A,

Atienza Lim

70 385 389

70 387 May 22, 2010

Tan Dem is a multisectoral alliance of civil society leaders, civic organizations, networks and institutions -- committed to protect democracy from fraudulent electoral exercises.

Bangon, Bayan!

TANGGULANG DEMOKRASYA (Tan Dem)


Mandaluyong City Website: www.tandem.org.ph Email: info@tandem.org.ph +63.923.984.4468

2301B, 2301C, 2302A, 2303A 2716A, 2716B, 2716C

6:14:53 PM 2. Done 12 days after elections. 3. Way past after Lim was proclaimed.

Atienza

120

120

120 May 22, 2010 6:02:49 PM May 22, 2010 6:02:39 PM

390 Lim Atienza 212 78 91

390 91

993

253

0485A, 0485B, 0486A, 0486B, 0486C 0418A, 0418B, 0418C, 0419A, 0419B, 0420A

248 Lim Atienza 246 125 125

246 125

248 Lim 394 103 Atienza 135

248

219

May 22, 2011 6:02:45 PM

103

Tan Dem is a multisectoral alliance of civil society leaders, civic organizations, networks and institutions -- committed to protect democracy from fraudulent electoral exercises.

Bangon, Bayan!

TANGGULANG DEMOKRASYA (Tan Dem)


Mandaluyong City Website: www.tandem.org.ph Email: info@tandem.org.ph +63.923.984.4468

466

1057A, 1057B, 1058A, 1058B

186 Lim Atienza 164 109 50

186 50

May 22, 2011 6:07:58 PM

1010

2749A, 2749B, 2750A, 2750B

381 Lim Atienza 175 148 64

381 64

May 22, 2011 6:08:43 PM

Should perfectly match because they come from the same PCOS machine

Tan Dem is a multisectoral alliance of civil society leaders, civic organizations, networks and institutions -- committed to protect democracy from fraudulent electoral exercises.

Bangon, Bayan!

TANGGULANG DEMOKRASYA (Tan Dem)


Mandaluyong City Website: www.tandem.org.ph Email: info@tandem.org.ph +63.923.984.4468

As a summary, there were almost 94% of Manila precincts that have submitted their election results on May 22 and 24, way beyond the closing of precincts. # of days Transmission date May 9, 2010 May 14, 2010 May 22, 2010 May 24, 2010 No trans data Count 43 1 1,049 321 26 Percentage 2.98 0.07 72.80 22.28 1.80 past May 10 negative 1 4 12 14 -

TANDEM THEREFORE CONCLUDES THAT THERE HAVE BEEN NOT ONLY VIOLATIONS OF THE ELECTION RESULTS IN THE ELECTION LAW BUT MORE IMPORTANTLY, THESE VIOLATIONS LEAD TO NOT AUTHENTICATED AND NOT VALID RESULTS OF THE ELECTIONS.
Annexes: 1. Annex 1. Legal basis for Digital Signatures 2. Annex 2. Specific situations in the Biliran Protest

Tan Dem is a multisectoral alliance of civil society leaders, civic organizations, networks and institutions -- committed to protect democracy from fraudulent electoral exercises.

Bangon, Bayan!

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