“The Supreme Court noted thatjust days before the May 10, 2010 automated elections, Comelec still failed to disclose the source code for the PCOS to interested parties,” the complaint read.
The complainants also raised that Smartmatic filed a breach of contract against Dominion, the maker of the PCOS machine software in September 2012 “for failing to place in escrow the required source code, hardware design, and manufacturing information.”
Before the 2013 election, the source code is also a contested issue because the Technical Evaluation Committee, comprised of Comelec, the Science and Technology department, and the Commission on Information and Communications Technology, reported to the Comelec en banc that there is no certified source code.
The AES Watch said that the Melo-led commission still entered into a contract with Smartmatic despite the report of the evaluation committee.
The poll watchdog said that the 2010 automation election project procurement already warned the Comelec en banc that the PCOS was an agreement between Smartmatic and Dominion.
“They [Comelec] should have had investigated further the implications of the licensing agreement on the automation contract which was to be signed with Smartmatic,” the complainants raised.
They added that with Comelec’s agreement with Smartmatic, the government was placed in a disadvantageous position and the electorate as a whole, which is already enough for them to face graft.
“Respondents Comelec commissioners and officer in connivance with Smartmatic-TIM committed negligence to the gross disadvantage of the government and the Filipino electorate . . . As a result of which the integrity of the national and local elections of May 2010 and 2013 was held hostage, if not seriously compromised, by foreign interests,” they said.
Speaking before the press, Bagares pointed out that the automation failed to show how votes are counted.
“Voters must not be clueless on how their votes are read,” Bagares said, adding that transmission problems resulted in the “premature proclamation” of the winners.
The lawyer said that in the terms of reference, only a maximum of two percent of allowable failure of the machines are acceptable. However, the signal trouble of 18,000 PCOS showed otherwise.
Dizon added that, the 18,000 machines cheated the government who shelled out P8 billion.
“One failure is too many,” the priest added.
For his part, Lozada, an IT engineer, said that they their complaint should not mean that they are contesting the result of the recent election.
Lozada said that, electoral sabotage is not an issue considered in their complaint.