The Commission on Elections has referred to the Department of Justice “for proper action” the electoral sabotage case against officials of technology provider Smartmatic–Total Information Management (TIM) Corporation for allegedly altering the source code of the Precinct Count Optical Scan (PCOS) machines used in the May 2013 elections.
The source code is the program of instructions that define how the PCOS machines operate.
In a two-page resolution, the Comelec en banc referred the case to the DOJ for investigation.
The case stemmed from the Joint Affidavit-Complaint filed at the Comelec by former election commissioner Gus Lagman who accused Smartmatic officials of violating Republic Act 9369, or the Election Automation Law, when it changed the source code just hours after voting closed on May 13, 2013.
“Smartmatic officials/personnel inexplicably changed the scripts of the un-reviewed source code at or about the time of the consolidation/canvassing during the said elections,” said the complaint.
Named respondents in the complaint were Smartmatic President for Asia-Pacific Cesar Flores, and officials Albert Castro Rico and Marlon Garcia.
Apart from Lagman, the other complainants were Automated Election System (AES) Watch members Leo Querubin, Maria Corazon Akol, Glenn Chong, Temario Rivera, and Ernesto del Rosario.
The changing of the source code supposedly happened at the Command Center of the Parish Pastoral Council for Responsible Voting (PPCRV) about two hours after voting had closed.
They alleged that the alteration came after about 12 million votes for the senatorial elections had been received in the PPCRV transparency server.
The complainants also claimed that such actions went without the required notification of political parties or their representatives as well as other election stakeholders.