SENATE deputy minority leader Risa Hontiveros yesterday urged the Joint Congressional Oversight Committee on the Automate Election System (JCOC-AES) to probe claims there is no legal certification on the security and accuracy of the automated election system (AES) for the May 12 midterm elections.
In a statement, Hontiveros said the House of Representatives and the Senate should immediately act on such reports to ensure that all mechanisms for a clean and truthful elections are in place.
Hontiveros was referring to reports that the Commission on Elections (Comelec) has yet to comply with Section 11 of RA 8436 as amended by RA 9396, or the Election Automation Law, which requires the poll body to obtain a certification from an established international certification entity stating that the country’s AES, including its hardware and software components, is “operating properly, securely, and accurately.”
She said that under the law, the certification should be issued not later than three months before the date of the elections.
“This means that Pro V and V Inc., the international certification entity contracted by Comelec, should have already issued a certification on or before February 12, 2025,” she said.
She said the joint congressional investigation will inquire about the status of the certification that will guarantee that the AES to be used is secure and accurate.
“At kung wala pa ang certification, dapat maipaliwanag nila sa taumbayan kung bakit hindi pa ito nailalabas, sa kabila ng malinaw na deadline sa ilalim ng batas (And if there is no certification yet, the Comelec should explain to the people why this is so despite the clear deadline set under the law),” she added.
Hontiveros said that if the poll body wants to proceed with the use of the AES without the certification, it can submit a written explanation to the oversight committee, even as she warned that this would “severely affect public confidence in the May 12 elections.”
Comelec chairman George Garcia said the poll body is ready to answer questions and concerns of the JCOC-AES regarding the required certification of the AES to be used in the forthcoming May 12 polls.
“Of course (we will attend) as the JCOC has the authority under Republic Act No. 9369 (Election Automation Law),” Garcia said in a press briefing after the Memorandum of Agreement signing between the Comelec, Department of Science and Technology, and Department of Information and Communications Technology.
Garcia said the supposed February 12 “deadline” mentioned by Hontiveros is actually not mandatory as provided by the law.
“Its intention is for the Technical Evaluation Committee to immediately conduct the study and tests in order to be able to issue the certification immediately. It is not mandatory but rather directory,” said the poll chief.
He also said the Comelec is just waiting for the certification of the Online Voting and Counting System (OVCS) so it can get the required certification.
“As early as February, we have already completed those for the hardware, software, and transmission. We are just waiting for the OVCS,” he said.
Garcia said they expect the Pro V&V to complete the certification within the month.
“Hopefully, we can have the TEC certification before the month ends,” he said.
Garcia also said that no AES certification in the country has been able to meet the supposed deadline of three months before Election Day.
“If we are violating the law now, as they claim, it means the elections in 2010, 2013, 2016, 2019, and 2022 also made similar violations,” he said.
Records from the Comelec showed that the TEC certifications were given March 9 for the May 10, 2010 polls; April 30 for the May 9, 2016 polls; May 3 for the May 13, 2019 polls; and May 6 for the May 9, 2022 polls. The 2013 AES underwent certification process after Election Day.
“We are only at March 4 so we are still actually in a good situation,” Garcia said.
Hontiveros said that the oversight committee will also look into claims made by Isabela vice-mayoral candidate Jeryll Respicio about the vulnerability of automated counting machines. The Comelec has since filed a criminal complaint against Respicio in relation to his claims.
“The oversight committee can also shed light on alleged vulnerabilities in our AES – especially in procedures related to the counting and transmission of election results. Sana linawin ng Comelec kung dapat nga bang kinakabit lang ang modem sa automated counting machines kung magta-transmit na ito ng election results. Sa unang bersiyon kasi ng Comelec instructions, parang sa testing process pa lang ay ikakabit na ang modem sa automated counting machines at hindi na ito tatanggalin (The Comelec should explain why the modem is connected only to the automated counting machines when it is transmitting election results. Because in its first version of instruction, the Comelec said it is done in the testing process and the modem will not be detached),” Hontiveros said.
While Comelec’s campaign against election-related misinformation is a good thing, Hontiveros said it should not be dismissive of or hostile to citizens who, in good faith, call out potential means for interference in the country’s automated elections.
“When it comes to automated elections, there is no such thing as security through obscurity. We should listen to all stakeholders on how we can improve the security of our votes, even when it takes the form of criticism,” she said.
Meanwhile, “It’s Showtime” contestant Heart Aquino yesterday said she is willing to help the poll body in reaching out and educating the youth on the importance of voting wisely.
Speaking to reporters after getting a private tour and orientation at the Comelec head office in Manila, Aquino said: “Since I’m getting this kind of attention, I thought, why not use it to enlighten the youth to know more about the Comelec and on voting.”
“To those who are not so knowledgeable with the Comelec like me, let us learn more and vote wisely. Let us be more aware of what is happening around us,” she added.
Asked if she is open to serve as a Comelec advocate, the 20-year old answered in the affirmative.
“It’s an opportunity, so yes I am willing… (in a hope) to inspire the youth too,” said Aquino.
The Comelec said they see Aquino as having the capacity to influence the youth.
“We would like to show that the Comelec is willing to reach out and inform all of them of what’s going on with the elections. Ms. Heart can be that person, who can reach out to her fellow youth,” said Comelec – Standards and Innovation Office Director Frances Arabe.
Aquino gained national attention as a contestant of noontime show It’s Showtime in its “Sexy Babe” segment after she openly admitted to not being knowledgeable of the Comelec and its workings. – With Gerard Naval
