1. AUTOMATED ELECTIONS SANS SAFEGUARDS Atty. Demosthenes B
AUTOMATED ELECTIONS SANS SAFEGUARDS Atty. Demosthenes B. Donato General Counsel, Tanggulang Demokrasya (TanDem),Inc. 13 November Dagupan City, Philippines

2. “The Congress shall provide a system for securing
SANCTITY OF THE BALLOT
“The Congress shall provide a system for securing
the secrecy and sanctity of the ballot ….”
1987 Constitution, Article V. Suffrage, Sec. 2.

3. 4 Padlocks (i.e. security safeguards)
Manual Elections
4 Padlocks (i.e. security safeguards)
B.P. Blg.881, Sec. 18 re Canvassing of votes for president and vice-president.
1. Board Chairman, 2. Provincial/City Treasurer, 3. Ruling Party , 4. Dominant opposition party

4. Automated Elections 1. Source Code Review 2. Ballot Verification
4 Security Safeguards (i.e. padlocks)
1. Source Code Review 2. Ballot Verification
3. Vote Verification 4. Digital Signatures

5. Source Code Review
“Once an AES technology is selected for implementation, the Commission shall promptly make the source code of that technology available and open to any interested political party or group which may conduct their own review thereof.’’ Sec.14 of RA 8436, of amended by Sec.12 of RA 9369.
In the case of TanDem v. Comelec, G.R. No , the Solicitor-General admitted that no source code review was conducted before the elections.

6. Ballot Verification
“The automated election system must … utilize or generate official ballots.” Sec.6 (m) of RA 8436, as amended by Sec.7 of RA "To prevent the use of fake ballots, the Commission through the Committee shall ensure that the necessary safeguards, such as, but not limited to, bar codes, holograms, color shifting ink, microprinting, are provided on the ballot.” Sect. 15 of RA 8436, amended by Sec. 13 of RA 9369.
Per the Comelec, the built-in ultraviolet scanners were disabled in the 2010 elections. While hand-held scanners were subsequently purchased, the Comelec did not issue instructions regarding their use in the said elections.

7. Vote Verification
“The automated election system must … provide the voter a system of verification to find out whether not the machine has registered his choice.” Sec.6 (n) of R.A. 8436, as amended by Sec. 7 of R.A 9369.
In the case of TanDem v. Comelec, G.R. No , the Solicitor-General admitted that the voting process did not confirm to the voter the specific votes cast.

8. Digital Signatures
“ 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. 22 of R.A. 8436, amended by Sec. 19 of R.A "The certificates of canvass transmitted electronically and digitally signed shall be considered as official election results and shall be used as the basis for the proclamation of a winning candidate.” Sec. 25 of R.A. 8436, as amended by Sec. 20 of R.A

9. Electronic Signature (1 KEY)
CLOSE/LOCK
OPEN/UNLOCK EN

10. Digital Signature (2 Keys)
DATA
TRANSMISSION
PRIVATE KEY/
PRECINCT
PUBLIC KEY/
DOST FACILITY

11. Purpose of Electronic Signature
To show the identity of a person; R.A. 8792, Sec. 9(a).
To show the approval of the person identified; R.A Sec. 9 (b).

12. Purpose of Digital Signature
To show the Identity of person; R.A 8792, Sec. 9(b)
To show the approval of the person identified; R.A , Sec. 9 (b)
To ensure that the data sent is exactly the same data received; AM. No SC, Rule 2, Sec.1

13. Definition of Electronic Signature
"Electronic signature" refers to any distinctive mark, characteristic and/or sound in electronic from, representing the identity of a person and attached to or logically associated with the electronic data message or electronic document or any methodology or procedures employed or adopted by a person and executed or adopted by such person with the intention of authenticating or approving an electronic data message or electronic document. For purposes of these rules, an electronic signature includes digital signatures. (emphasis supplied). SC A.M NO SC, Rule 2, Sec 1 (j).

14. Definition of Digital Signature
“Digital Signature” refers to an electronic signature consisting of a transformation of an electronic document or an electronic data message using an asymmetric or public cryptosystem such that a person having the initial untransformed electronic document and the signer’s public key can accurately determine:
(i) whether the transformation was created using the private key that corresponds to the signer’s public key; and, (ii) whether the initial electronic document had been altered after the transformation was made.(emphasis Supplied) A.M No SC, Rule 2, Sec. 1 (e).

15. UNDER THE LAW, AN ELECTRONIC OR DIGITAL SIGNATURE REFERS TO A PERSON.
Electronic commerce Act, Sec. 5 (d). IRR of the Electronic Commerce Act, Sec.6 (g). Rules on Electronic Evidence, Rule 2, Sec. 1 (j)

16. A MACHINE SIGNATURE IS NOT RECOGNIZED BY LAW, BECAUSE A MACHINE IS NOT A PERSON.
Electronic commerce Act, Sec. 5 (d). IRR of the Electronic Commerce Act, Sec.6 (g). Rules on Electronic Evidence, Rule 2, Sec. 1 (j).

17. DIGITAL SIGNATURES ARE MANDATORY
UNDER THE LAW, ONLY ELECTION RETURNS AND CERTIFICATES OF CANVASS TRANSMITTED ELECTRONICALLY AND DIGITAL SIGNED CAN BE USED AS BASIS TO CANVASS VOTES AND PROCLAIM CANDIDATES.
R.A. No. 8436, Sec.22, as amended by R.A. No Sec. 19.
R.A. 8436, Sec. 25, as amended by R.A. 9369, Sec. 20.

18. DIGITAL SIGNATURES ARE MANDATORY
“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 candidate.” (Emphasis Supplied). R.A. No. 8436, Sec.22, as
amended by R.A. No Sec "The certificates of canvass
transmitted electronically and digitally signed shall be considered
as official election results and shall be used as the basis for the
proclamation of a winning candidate.” (emphasis supplied) Sec. 25
of R.A. 8436, as amended by Sec. 20 of R.A

19. RETURNS TRANSMITTED ELECTRONICALLY BE
Refutation # 1
THE AES LAW REQUIRES ONLY THAT THE ELECTION
RETURNS TRANSMITTED ELECTRONICALLY BE
DIGITALLY SIGNED. IT DOES NOT REQUIRE THAT ALL
THE BEI MEMBERS DIGITALLY SIGN SAID RETURNS.
R.A. No. 8436, Sec.22, as amended by R.A. No Sec. 19.

20. Refutation # 2
NONE OF THE ELECTRONIC ELECTION RETURNS IN 2010 AND 2013 WERE SIGNED AND AUTHENTICATED BY DIGITAL SIGNATURES PER INSTRUCTIONS OF THE COMELEC ITSELF. Comelec Resolution No. 8786, Sec. 40 (f),(g),(h) Comelec Resolution No. 9640, Sec. 51 (f),(g),(h)
Per former Rep. Glenn Chong, the Audit Log Reports from 145 PCOS in Biliran in 2010 uniformly showed that there was No BEI key with which to sign results, right after the generation of the EML results file and immediately before the attempt to transmit the election results file. He believes this is the exact point at which the BEI’s private key should be entered.

21. 2 TYPES OF iBUTTON
For the BEI Chairman to open and close the PCOS machine; contains “electronic signature”
For all BEI members to sign the electronic election returns before transmission; contains “digital signature”
Comelec Resolution No. 8739, Sec. 33 (a)(i) & (2), 29 December 2009.

22. 2 TYPES OF iBUTTON
“ The BEI shall me … ensure that it has all the … supplies needed including …
One (1) iButton security key for the chairman of the (Board of Election Inspectors) for the use in operating the PCOS and;
iButton security key and personal identification number (PIN) for each member of the (Board of Election Inspectors) for use to digitally sign (the Election Returns) before transmission.”
Comelec Resolution No. 8739, Sec.33 (a)(2), 29 December 2009.

23. iBUTTON FOR DIGITAL SIGNATURE DELETED
Comelec Resolution No. 8739,
Comelec Resolution No. 8786, 04
Sec.33 (a)(2), 29 December
March 2010
2009.
“The BEI shall … ensure that it has all the … i Button security key and Personal Identification Number (PIN) for each member of the BEI for use to digitally sign the ERs before transmission”. NA

24. INSTRUCTIONS NOT TO USE DIGITAL SIGNATURES
Comelec Resolution No. 8739,
Comelec Resolution No. 8786, Sec.
Sec.38 (6)(c), 29 December 2009.
40 (f),(g) and (h), 04 March 2010.
After all the votes have been counted the PCOS shall immediately display.
“WOULD YOU LIKE TO DIGITALLY SIGN THE TRANSMISSION FILES WITH A BEI SIGNATURE KEY ?”
Require for the digital signature of the members of the BEI. Each member shall insert his i Button security key intended for the digital signatures in the iButton security key receptacle.
PRESS “NO” OPTION.
“ARE YOU SURE YOU DO NOT WANT TO APPLY A DIGITAL SIGNATURE?“
PRESS “YES” OPTION.

25. Refutation # 3
CAPALLA DID NOT VALIDATE THE SO-CALLED “MACHINE SIGNATURE.” THIS MATTER WAS NEVER RAISED NOR DISCUSSED IN THE CASE.
Capalla v. Comelec, G.R. No , 13 June 2012.

26. Refutation # 4
CAPALLA DID NOT AFFIRM THE ACTUAL USE OF “DIGITAL SIGNATURES” IN THE 2010 ELECTIONS. THIS CASE WAS ABOUT THE LEGALITY OF THE PURCHASE OF PCOS MACHINES WITHOUT PUBLIC BIDDING, AND THE TECHNICAL CAPABILITY OF SAID MACHINES.
Capalla v. Comelec, G.R. No , 13 June 2012.

27. Refutation # 4
CAPALLA DID NOT AFFIRM THE ACTUAL USE OF “DIGITAL SIGNATURES” IN THE 2010 ELECTIONS. THE CASE OPINION THAT “THE PCOS MACHINES ARE CAPABLE OF PRODUCING DIGITAL SIGNED TRANSMISSIONS” REFERRED TO THE ISSUE OF THE TECHNICAL CAPABILITY OF SAID MACHINES.
Capalla v. Comelec, G.R. No , 13 June 2012.

28. Refutation # 4
CAPALLA DID NOT AFFIRM THE ACTUAL USE OF “DIGITAL SIGNATURES” IN THE 2010 ELECTIONS. THE IMPLICATIONS OF COMELEC RESOLUTION NO DISABLING THE “DIGITAL SIGNATURES” WAS RAISED BUT NOT DISCUSSED IN THIS CASE.
Capalla v. Comelec, G.R. No , 13 June 2012.

29. RANDOM MANUAL AUDIT
“Where the AES is used, there shall be a random manual audit in one precinct per congressional district randomly chosen by the Commission in each province and city. Any difference between the automated and manual count will result in the determination of root cause and initiate a manual count for those precincts affected by the computer or procedural error.”
Section 29 of Republic Act No. 8436, as amended by Section 24 of Republic Act No

30. “ The automated election system must have …
VOTER’S RECEIPT
“ The automated election system must have …
Provision for voter verified paper audit trial (and)
System auditability which provides supporting documentation for verifying the correctness of reported elections results…”
Section 6 (e) & (f) of R.A 8436, as amended by Sec.7 of R.A 9369.

31. EXIT POLLS
“The holding of exit polls and the dissemination of their results through mass media constitute an essential part of the freedom of speech and of the press. Hence, The Comelec cannot ban them totally in the guise of promoting clean, honest, orderly and credible elections”.
ABS-CBN V. Comelec, G.R. No , 28 January 2000.

32. “DEMOCRACY IS NOT IN THE VOTING.
IT’S IN THE COUNTING.”
(Restatement of quote by Tom Stoppard, an English playwright)