Brillantes cries poll sabotage

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Comelec Chairman Sixto Brillantes Jr.: Sabotage. INQUIRER FILE PHOTO

MANILA, Philippines—Exasperated with the “lies” supposedly circulated by some poll watchdog groups, Commission on Elections (Comelec) Chairman Sixto Brillantes Jr. on Monday said critics of the precinct count optical scan (PCOS) machines were just out to sow public mistrust and sabotage the coming balloting.

In his Twitter account, Brillantes accused Automated Election System (AES) Watch and the Center for People Empowerment in Governance (CenPeg) of spreading “falsehoods” with the ultimate aim to incapacitate the Comelec and prevent a successful balloting on May 13.

Brillantes was reacting to claims by the groups that the poll body was using “pirated technology” for the PCOS machines after Dominion Voting System terminated its licensing agreement with its former corporate partner, Smartmatic-TIM, in May last year.

“I’d like to answer the issue incessantly raised by CenPeg, AES Watch et al. that the PCOS software being used by the Comelec was pirated,” said Brillantes.

“Contrary to this lie, the Philippines is the legal and true owner of the PCOS machines, including the software installed therein. The purchase of the PCOS was made last March 30 while the cancellation of Smartmatic’s contract by Dominion happened on May 23,” he pointed out.

Brillantes said that under the law, contractual obligations acquired prior to a cancellation bind all parties, “in this case both Dominion and Smartmatic.”

Basic rule

“In other words, we became the legal owners of the machines and software even before the cancellation and we remain as such even after. This is a basic rule on contracts that our nonlawyer critics don’t care to understand or which their lawyers did not explain to them,” said Brillantes.

Last year, Smartmatic filed a case against Dominion in Florida for alleged breach of a licensing agreement and “tortuous” interference with Smartmatic’s business.

Smartmatic, the Comelec’s 2010 technology provider, also accused Dominion of withholding technology and services that had been licensed to them.

In their earlier deal, Dominion had previously allowed Smartmatic to use Dominion’s software to operate the voting machines and install pertinent upgrades to address glitches in the system.

Same problems

“The continued assertion of falsehood by AES Watch, CenPeg et al. aims nothing but to sow public mistrust and sabotage the upcoming elections,” said Brillantes. “As we repeatedly reiterated to these people with whom we were meeting for the last three years, just help us make the 2013 elections successful.”

In a statement Monday, AES Watch raised concerns over how the Comelec was preparing for the May 13 elections since the same problems that attended the 2010 balloting still existed as observed during the recent mock elections.

Among these problems, it said, were ballot rejections, transmission failures, inaccuracy of the vote count, and election returns and certificates of canvass not digitally signed as required by law.

“Worse, knowing fully well that Dominion … terminated its license agreement with Smartmatic, the Comelec still insists on using an unlicensed, therefore pirated, technology. Its impact is serious and far-reaching as certification by an international certification entity continues to be denied,” said the group.

It also warned that Comelec officials would commit “potentially impeachable offenses” if the May 13 balloting were to fail.

“Is the repeated failure to comply with the automation law and the fixation to use the defective Smartmatic-provided system setting the stage for a possible election failure?” AES watch said.

“If this is so, the Comelec has nobody to blame but itself for what are potentially impeachable offenses. It should stop pointing fingers at the usual suspected culprits like the teachers, poll watchdogs and the voters themselves,” it said.

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  • Guest

    Stonewalling naman kasi itong si Brillantes.

    Instead of answering the questions on source code and compact flash cards, he dismisses all of them as attempts to sow distrust.

    Kaya siya tuloy napaghihinalaan.

    • http://www.facebook.com/danilo.navarro.946 Danilo Navarro

      he he he kung bibigay ba yung source code at malaman ng watch dog kuno titigil na yang mga iyan tama lang yung tigilan na nila ang pag babalita ng di totoo pinaka maganda makipag tulungan na lang sila di ba mas ok kisa puna ng puna..

      • http://pulse.yahoo.com/_ETIVE4H6I7ZVBAL72HE3VLGCA4 nicosan

        tomoh

    • motorcyclemama

       Maraming paraan para malamang tama ang output ng isang program kahit hindi ibigay ang source code.

      • Guest

        Thanks for commenting. Could you elaborate please, especially the technical aspect.

    • Roy Batty

       Eh baka isa din yun sa nasa plano…mapagdudahan

      Kaya pati ang sagot sa mga kritiko lugaw na lugaw.

  • http://pulse.yahoo.com/_4R3GZTGML26TV2VGS6RVHP2THM Fred

    Maybe Inquirer can do a little researchnon who are the people behind AES, CenPeg, et al. Thank you.

  • Loggnat

    And nobody seems to have the initiative to check and get Dominion Voting System’s interpretation or clarification of the legality of the COMELEC using their program in the next election. Not the Media, the legal division of the COMELEC, the Congress or the so-called Election Watchdogs who are constantly barking without knowing or verifying if they might be barking on the wrong tree. Typical Flipino incompetency with a lot of bark and no bite.   

    • speaksoftlylove

       Indubitable conclusion from your post:

      It is in fact, Brillantes himself who is sabotaging the coming elections, for why should he pursue defective hocus PCOS machines with a pirated technology?

      I am seeing a “failure of elections” being declared by the Comelec’s Brilliant Brillantes as an outcome of this brouhaha thus giving the incumbents a chance to retain their positions as holdover officials. Kitang kita ang modus operandi ng Comelec. Wanna bet?

      • http://pulse.yahoo.com/_ETIVE4H6I7ZVBAL72HE3VLGCA4 nicosan

        nako naman, isang walang alam sa batas na marunong mag ingles na naman ang nag kakalat ng mis information

      • Roy Batty

        Hindi naman siguro failure of election ang plano kasi masyadong mainit yan. Baka ang plano sa simula pa lamang mag-manual talaga.

        Malaking pera yan general election sa 2013. Madaming may gusto ng manual counting na yan na politiko at mga opisyal ng COMELEC.

        Kung ang namayapa ng si Raul Roco ay nadaig ng mga licensed professional na mga magnanakaw noon sa DECS baka ganyan din ngayun si Sixtus.

        Sila ang nag prepare ng mga voting machine for mock election, baka sila din ang nagsabotahe nito para lalong tumindi ang haka-haka tungkol dito..hehe

      • shane oy

        stop your lies it does doesn’t help your argument. 

  • catmanjohn

    Why does one get the strange suspicion that Enrile is behind this too? He has turned the Nation into a basket case when it comes to honesty, trust, and accountability. 

  • Slycere

    Who are the people behind AES Watch and CenPeg? Relatively unknown organizations with anonymous members and leaders coming out right in time for the elections? Has PDI sunk this low to quote and give prominence to a claim by these unknown groups who they didn’t even bother to identify much less give a face to? News real estate in your newspaper deserves better than this article.

  • $17531445

    So, he has explained the legal aspect.  What about the fact that the PCOS machines are defective  as shown during the mock election. Is that still the critics’ or, this time, Brillantes’ own act of sabotage?

    • http://pulse.yahoo.com/_ETIVE4H6I7ZVBAL72HE3VLGCA4 nicosan

      defective? napaliwanag na diba? ang pinapakinggan mo lang is yung gusto mo pakinggan. kung gusto mo malaman statement ng comelec sa “DEFECT” na yun, mag research ka, anu ka sinuswerte, iisa isahin ko ang paliwanag ng comelect dito about dun sa “defect” na yun..

      • $17531445

        Ikaw an naniniwala sa gusto mo lang panwalaan.  Of course the Comelec explained the defect but the fact remains that prior to the test, the machines were expected to meet certain standards which they did not not.  Anyone can make an explanation.  You are making one now.

  • $20926843

    Impeach this SOB brilliantes? Well, he will just laugh at them.  Anyway, after leaving COMELEC he will make millions by authoring a best seller book entitled: “How to Rig an Election Without Really Trying.”

  • dynesbrix

    sana naman watchdog groups, hwag kayo puro tahol. For years now, a lot of these groups are existing, the NAMFREL, Bantay-Daya, etc. etc. & the media groups also all boasting of their latest high-tech monitoring, blah, blah,blah…. but there has never been an election without cheating or even minimized. WALA NAMAN KAYONG MGA SILBI. Pagsinuhulan na o tinakot na, wala na! pweh

    and mind you, a lot of these watchdog groups are secretly organized & funded by powerful candidates… only in the phil… tsk tsk tsk…. all fakes – this is the main reason why WALA NAMAN TALAGA SILANG MGA SILBI SA TAONG BAYAN! lahat mukhang-pera!

  • http://pulse.yahoo.com/_W7TPARCYJFCSA3PBQAM3MVZO3E kurakut

    KAPAG MILITANTENG KOMUNISTA ANG NAGSALITA- TALO LAHAT.  SILA LANG ANG KOREK.  WALA NAMANG SOLUSYON ANG BINIBIGAY. 

  • http://pulse.yahoo.com/_3UAABFPUE5ZKBXOAGLWL6POGWU joel genese

    Mas mabilis malaman at mas madaling makikilala ang mga mandadaya kung ang gagamitin ay ang automated machine sa eleksiyon kaysa mano mano. 

  • http://pulse.yahoo.com/_ETIVE4H6I7ZVBAL72HE3VLGCA4 nicosan

    one word… “BARADO” hahaha… mga walang alam sa batas putak ng putak

  • Roy Batty

    Hay naku, di kaya mga opisyal din ng COMELEC ang nagbibigay impormasyon sa mga politiko paano siraan ng siraan ang voting machine.

    Simple lang ang logic, kung mano mano ang eleksyon hindi lang mga kurap na politiko ang makinabang pati na rin mismo yun mga opisyal ng COMELEC na tulad ni Garci.

    • http://pulse.yahoo.com/_3UAABFPUE5ZKBXOAGLWL6POGWU joel genese

      Seguro nga.

    • repapips

      ganito rin ang iniisip ko. 

    • Roy Batty

       Ganito lang naman ang tanong natin mga mamayan:

      Sino-sino ba ang makikinabang kung manual counting ang eleksyon?

  • disqusted0fu

    If Brillantes really believes that these are all lies then he should prove them wrong. There should be another test of the PCOS machines and this time it has to be televised. Otherwise, the claims of the election watchdogs seem to be more accurate than that of Brillantes’ based on the mock elections.

  • Simon Ybarramendia

    “In other words, we became the legal owners of the machines and software even before the cancellation and we remain as such even after. This is a basic rule on contracts that our nonlawyer critics don’t care to understand or which their lawyers did not explain to them,” said Brillantes.

    Com. Brillantes, if you really, really, believe this, then why are you seeking Dominion’s permission to use the firmware? (not to mention mulling whether the government should deposit in escrow the money that Dominion is demanding SMARTMATIC to pay).

    Sige kayo, baka po humaba ang ilong ninyo.

  • JasonBieber

    That’s all Brillantes can do is cry because he is screwing up royally. He had the opportunity to resolve the issue and fix the problem from the last 2010 elections but he chose to ignore it and once the mock elections did it’s run it showed that there are still major problems with the machines and now all he can do is cry and make accusations against the poll watchdog groups.

  • PikonNaKami

    Shame on you Brillantes.  

    The license agreement between Dominion and Smartmatic only allowed Smartmatic to use the Dominion-owned PCOS hardware and software in the Philippines in the 2010 elections.  

    The logic that Comelec purchased the PCOS hardware and software from Smartmatic in March 30 and the contract between Dominion and Smartmatic was cancelled in May 13 hence the purchase was legal is not only flawed, it is stupid.

    Smartmatic cannot sell the PCOS machines and software because it never owned the hardware and software.  It was a License Agreement, you white haired fool and not a Deed of Absolute Sale.It does not take a law degree to know that you cannot buy something from someone who does not even own the item for sale.Let me explain to you in simpler terms, Atty Brillantes.  For example, Comelec is bidding for a car.  Smartmatic does not have a car of its own so it rented the car of Dominion (which already violates procurement rules) and presented it as a Smartmatic car.  When the car was used in 2010, it was discovered that there were a lot of glitches.  Comelec then asked Smartmatic to fix the car so they can again pay Smartmatic large sums of money in 2013.  But the blueprint was in the possession of Dominion so Smartmatic cannot fix the car. So it convinced Comelec that the car was already fixed and being the gullible idiots that they are, Comelec accepted the fixes and announced that they will use the car again in 2013 and bought the car.  Dominion found out that the rental car was sold by Smartmatic to Comelec so it cancelled the contract.Here now comes AESWatch and CenPeg warning Comelec that the car they bought has not been tested thoroughly and that the car was actually stolen (since the car was sold by someone who does not own it).I hope you can now understand this better. You’re welcome.

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