Senatorial candidate Francis Tolentino. INQUIRER FILE PHOTO/GRIG C. MONTEGRANDE
Senatorial candidate Francis Tolentino on Wednesday asked the Supreme Court to stop the Commission on Elections (Comelec) from proclaiming the winners in the 10th to 12th Senatorial slots.
READ: Comelec set to proclaim 12 new senators on Thursday
In his 10-page petition, Tolentino said the high court should order the Comelec to allow forensic audit of the Automated Election System (AES) to determine the nature, extent, effect and consequences of the unauthorized manipulation of the system made by Smartmatic’s Project Manager Marlon Garcia.
He pointed out that the result of the May 9 polls may have been compromised following Garcia’s interference when he changed the script in the transparency server of the Comelec last May 9.
Smartmatic has already admitted that it has changed the script by changing the hash code of the system. However, it pointed out that it has not altered the system by the change of script because it was for cosmetic purposes only.
READ: Comelec says script tweak was minor, did not affect results
Tolentino said the breach was a violation of the minimum requirement of the AES law mandating “adequate security against unauthorized access to the automated election system.”
“The unauthorized manipulation of the AES has compromised the results of the Senatorial elections, in particular the rankings of the 10th to 12th winning candidates for Senator, such that that proclamation of the winners for the 10th to 12th positions for Senator should be held in abeyance pending full, independent and credible determination of the effects and consequences of such manipulation,” Tolentino said.
Tolentino also urged the high court to compel the Comelec to institute adequate measures to correct the unauthorized access to and interference with the AES.
The 10th to 12th senatorial slots are occupied by Valenzuela Representative Sherwin Gatchalian with 14,678,548 votes, Senator Ralph Recto with13,898,224 votes and former Justice Secretary Leila De Lima with 13,793,847 votes. RAM