According to the partylist results as published by the Commission on Elections website (see link), there are just fourteen (14) partylists that so far got 2 percent of the total number of votes cast for the party lists. Comelec chairman Sixto Brillantes Jr announced that they'll be announcing 58.
Why? Why are you announcing 58 partylists when most of them did not get the required constitutional percentage of the votes? Comelec is ready mucking up the electoral system!
Imagine, you'll be announcing even those who got less than 1% of the votes. The 2% provision is constitutional. It has a rationale---you cannot claim legitimacy as a partylist representative of the sector you are claiming to represent if you did not get the required votes as stated by the 1987 Constitution.
Do not tell me that the Comelec is above the basic charter? This is too much already.
Migrante likewise noticed a pattern of disfranchisement and vote-shaving even in this era of "automated elections". For example, in Binan Laguna, there is about 2,500 card-carrying members of Migrante. Ask me how many votes they got from there? 100.
This is just one example of how the Commission on Elections destroyed the very integrity of this elections, according to Migrante.
The Commission on Elections should rectify its pronouncement of announcing 58 more partylists. This act of not following the Constitutional limit gives doubt and a disgrace to the democratic system.
Showing posts with label commission on elections. Show all posts
Showing posts with label commission on elections. Show all posts
Thursday, May 23, 2013
Monday, March 11, 2013
Lanto gives formal letter refusing COMELEC appointment
After getting a nasty beating from offline and online media, the controversial Lanao del Norte Congressman Macabangkit Lanto finally did the honorable---tender a letter refusing the appointment as Comelec commissioner. Lanto's letter came a few days after he formally met Comelec chairman Sixto Brilliantes, indicative of his desire to really assume the post. He even used the occasion to defend himself in public.
Now, the news says Lanto was the one who decided not to accept the nomination. Was Lanto pressured by the Palace to refuse the offer? Knowing the people running the show, maybe he was.
Had Lanto been "clean", there is no problem. Fact is, according to my Maranao friends, Lanto is expected to lend his legal expertise into the process. Several Maranaos also attest to Lanto's competency and integrity.
Well, being competent is one thing, being "morally responsible" is another. Lanto should not have lied before the public and even tried to do a flagging maneuver to skirt the issue. Better to "bare it all out" and regain public trust.
Now, the news says Lanto was the one who decided not to accept the nomination. Was Lanto pressured by the Palace to refuse the offer? Knowing the people running the show, maybe he was.
Had Lanto been "clean", there is no problem. Fact is, according to my Maranao friends, Lanto is expected to lend his legal expertise into the process. Several Maranaos also attest to Lanto's competency and integrity.
Well, being competent is one thing, being "morally responsible" is another. Lanto should not have lied before the public and even tried to do a flagging maneuver to skirt the issue. Better to "bare it all out" and regain public trust.
Friday, March 8, 2013
Pnoy appoints ex-Cong found to have tampered polls as Comelec Comm: ANO BA NAMAN YAN?
This administration is probably on the path towards self-destruction.
Newly appointed COMMISSION ON ELECTIONS or COMELEC commissioner MACABANGKIT LANTO was sacked as Congressman of Lanao del Norte in 1994 after the Supreme Court found that he benefitted from the FALSIFICATION OF TWO (2) MUNICIPAL CERTIFICATES OF CANVASS which were based on TAMPERED ELECTION RETURNS.
LANTO, according to the SUPREME COURT, benefitted from the fraud in the Congressional elections of 1992. Imagine, someone who benefitted from a fraudulent scheme being appointed to head the very same agency who accused him of such a crime and such an impropriety!
Now, Pnoy, who profess to lead the nation towards the 'RIGHT PATH" has appointed him and another one, Atty. Bernadette Sardillo, as Commissioners of the COMELEC.
Sardillo's claim to fame was she was the election lawyer of another Comelec commissioner Grace Padaca, who now also sits as a Commissioner of the poll body. Padaca has a graft case.
Wow. You have three Commissioners sitting in a Constitutional body whose reputation has been shattered and debased since time immemorial. Why appoint people who have tainted records?
Imagine, you have at least three (3) Commissioners now held by the neck by this administration. do not agree with Pnoy?
The question really now before us is this--how fair will this elections be for the opposition or those who
Newly appointed COMMISSION ON ELECTIONS or COMELEC commissioner MACABANGKIT LANTO was sacked as Congressman of Lanao del Norte in 1994 after the Supreme Court found that he benefitted from the FALSIFICATION OF TWO (2) MUNICIPAL CERTIFICATES OF CANVASS which were based on TAMPERED ELECTION RETURNS.
LANTO, according to the SUPREME COURT, benefitted from the fraud in the Congressional elections of 1992. Imagine, someone who benefitted from a fraudulent scheme being appointed to head the very same agency who accused him of such a crime and such an impropriety!
Now, Pnoy, who profess to lead the nation towards the 'RIGHT PATH" has appointed him and another one, Atty. Bernadette Sardillo, as Commissioners of the COMELEC.
Sardillo's claim to fame was she was the election lawyer of another Comelec commissioner Grace Padaca, who now also sits as a Commissioner of the poll body. Padaca has a graft case.
Wow. You have three Commissioners sitting in a Constitutional body whose reputation has been shattered and debased since time immemorial. Why appoint people who have tainted records?
Imagine, you have at least three (3) Commissioners now held by the neck by this administration. do not agree with Pnoy?
The question really now before us is this--how fair will this elections be for the opposition or those who
Friday, November 30, 2012
Comelec--perpetuator of moribund politics and bogus partylists
My hope vanished the minute I read the list of the 79 partylist groups allowed by the Commission on Elections to run for the 2013 mid-term elections. The list contained mostly names being protested about by several sectors as " bopals" or bogus partylists or those who pretend to represent a disfranchised sector of our society.
Example of a BOPAL---this partylist called "Ang Mata'y Alagaan" or AMA. What disfranchised sector do they represent? The blind? Or everyone with still 20/20 vision? What?
I will list these names here of others which were pointed out by Kontra Daya of Fr. Dizon as bopals or bogus partylists.
It seems that the real strategy was preserve partylists with strong ties with the previous administration but had now shifted allegiance to the present dispensation. I will not entertain malicious insinuations that money flowed. Talks are a-plenty about certain individuals forking about 10 million pesos just to be included in the list, that explains why 58 of the present partylists now in Congress were able to "survive the purge"--because these partylists used their pork barrels to cover the expense.
Why the sudden secrecy about the consolidated resolution of the Commission? Comelec did not release the resolution yesterday. Likewise, information about the voting was never released.
Our Constitutional fathers created the Comelec as the first gate-keeper so to speak of democracy. Comelec's role is to cleanse the ballot.
I also felt used by the Comelec in their effort at salvaging a very nasty reputation. Comelec remains as one of the most corrupt agencies of government, what with this announcement of this list. There is no other reason why accredit organisations which are really bogus from the very beginning.
And I felt really disappointed with Comelec chairman Sixto Brillantes, he who breast beat his alleged desire to leave a lasting legacy in the poll body.
Are these commissioners not ashamed of the fact that they continue to be instruments and agents of moribund politics, something which will destroy the very future of this country?
Yes, we are growing stronger economically, but politics remain as the only scourge that threatens the very future of successive generations of Filipinos.
Example of a BOPAL---this partylist called "Ang Mata'y Alagaan" or AMA. What disfranchised sector do they represent? The blind? Or everyone with still 20/20 vision? What?
I will list these names here of others which were pointed out by Kontra Daya of Fr. Dizon as bopals or bogus partylists.
It seems that the real strategy was preserve partylists with strong ties with the previous administration but had now shifted allegiance to the present dispensation. I will not entertain malicious insinuations that money flowed. Talks are a-plenty about certain individuals forking about 10 million pesos just to be included in the list, that explains why 58 of the present partylists now in Congress were able to "survive the purge"--because these partylists used their pork barrels to cover the expense.
Why the sudden secrecy about the consolidated resolution of the Commission? Comelec did not release the resolution yesterday. Likewise, information about the voting was never released.
Our Constitutional fathers created the Comelec as the first gate-keeper so to speak of democracy. Comelec's role is to cleanse the ballot.
I also felt used by the Comelec in their effort at salvaging a very nasty reputation. Comelec remains as one of the most corrupt agencies of government, what with this announcement of this list. There is no other reason why accredit organisations which are really bogus from the very beginning.
And I felt really disappointed with Comelec chairman Sixto Brillantes, he who breast beat his alleged desire to leave a lasting legacy in the poll body.
Are these commissioners not ashamed of the fact that they continue to be instruments and agents of moribund politics, something which will destroy the very future of this country?
Yes, we are growing stronger economically, but politics remain as the only scourge that threatens the very future of successive generations of Filipinos.
Wednesday, November 14, 2012
Supreme Court stops COMELEC from cleansing partylist system
Seems like the campaign to cleanse the Supreme Court of individuals with non-progressives is a failure. Yesterday, the Supreme Court ordered the Commission on Elections to stop the purge of partylist organisations with dubious natures, or those partylists with multi-millionaire nominees or suspicious sector representations.
The Commission on Elections headed by Chairman Sixto Brilliantes Jr has taken it as a crusade to cleanse the ranks of the partylist system for the 2013 elections. Brilliantes said that their mission is to allow those with legitimate representations to run for election. The criteria is simple--if a partylist organization follows the Supreme Court ruling on partylist elections.
COMELEC's reason is two-fold---one, this cleansing process aims to shorten the list to manageable levels. IMagine the ballot a kilometer long. Second, it also strictly follows the letter and spirit of the partylist law--that only those organisations who really represent the impoverished and disfranchised sectors.
And now this.
I understand that the Supreme Court should recognize the rights of these partylist groups to be heard. However, what is really relevant is the fact that these rights should follow existing jurisprudence. The SC has already ruled before and their ruling was based on existing Constitutional provisions and laws. Now, why appear pliant?
The Commission on Elections headed by Chairman Sixto Brilliantes Jr has taken it as a crusade to cleanse the ranks of the partylist system for the 2013 elections. Brilliantes said that their mission is to allow those with legitimate representations to run for election. The criteria is simple--if a partylist organization follows the Supreme Court ruling on partylist elections.
COMELEC's reason is two-fold---one, this cleansing process aims to shorten the list to manageable levels. IMagine the ballot a kilometer long. Second, it also strictly follows the letter and spirit of the partylist law--that only those organisations who really represent the impoverished and disfranchised sectors.
And now this.
I understand that the Supreme Court should recognize the rights of these partylist groups to be heard. However, what is really relevant is the fact that these rights should follow existing jurisprudence. The SC has already ruled before and their ruling was based on existing Constitutional provisions and laws. Now, why appear pliant?
Monday, May 10, 2010
COMELEC should release ACTUAL VOTES CAST FIgure
Reporters have tried but failed to get the actual votes cast (AVC) figure from Comelec Commissioner George Larrazabal.
Why is it very important to get the percentage of voters who actually cast their votes during the recently concluded voting? The AVC will determine two (2) things: First, it will determine the extent of disfranchisement that the NAMFREL, PPCRV and other groups alleged and two, it needs to jibe with the transmitted figures which the Comelec have been showing to us as the votes cast for candidates in these elective positions.
Bear in mind that these PCOS machines have one function---to accurately count the votes cast for every candidate. With more than 300,000 precincts nationwide, it would be hard for a candidate to file a post-election protest especially those running for national posts because they need to get the automated precinct tally. Getting all these copies would be tedious and costly for a candidate.
The Comelec says they expect the voter turnout to be between 80 to 85%. Now, that is the voter turnout. What we need to get is the AVC or Actual Votes Cast (AVC) because that will give us a glimpse of how huge the disfranchisement was. If the disfranchisement turned out to be bigger than what was initially thought, then, that could be used by certain candidates to question the results of the polls.
Traditionally, twenty or so percent of registered voters fail to cast their votes. Analysts say this could be bigger in this elections due to the automated elections. If the AVC reaches 75-76%, that is a normal figure. But if the disfranchisement resulted to 50 or 60%, with an additional 20% not being able to vote, certain sectors might use it to justify a protest saying that the 50 or 60% or so is not representative of the population.
BY the way, I should congratulate the AFP and the PNP, as well as other groups for ensuring a relatively peaceful elections. Despite 9 people killed and about 14 others injured, compared with past elections, this is relatively a normal figure.
As of 9:21 pm, with about 33% of the transmission of results in, the Comelec says that:
FOR PRESIDENT--AQUINO, NOYNOY leading former president JOseph Estrada and a far third is Manny Villar.
PARTIAL AND UNOFFICIAL RESULTS
PRESIDENT
1. AQUINO---5.8 MILLION
2. ESTRADA--3MILLION
3. VILLAR---1.9M
4. TEODORO-1.4M
VICE-PRESIDENT
1. BINAY---4.6M
2. ROXAS--4.5M
3. LEGARDA--1.7M
As I said, it is to the best interest of the country that we elect a majority president and by the looks of it, it seems that we really elected a MAJORITY PRESIDENT in the person of Senator Benigno Aquino III.
Yet, again, the fight is not yet over. We still have about 70% of the votes still un=counted.
Why is it very important to get the percentage of voters who actually cast their votes during the recently concluded voting? The AVC will determine two (2) things: First, it will determine the extent of disfranchisement that the NAMFREL, PPCRV and other groups alleged and two, it needs to jibe with the transmitted figures which the Comelec have been showing to us as the votes cast for candidates in these elective positions.
Bear in mind that these PCOS machines have one function---to accurately count the votes cast for every candidate. With more than 300,000 precincts nationwide, it would be hard for a candidate to file a post-election protest especially those running for national posts because they need to get the automated precinct tally. Getting all these copies would be tedious and costly for a candidate.
The Comelec says they expect the voter turnout to be between 80 to 85%. Now, that is the voter turnout. What we need to get is the AVC or Actual Votes Cast (AVC) because that will give us a glimpse of how huge the disfranchisement was. If the disfranchisement turned out to be bigger than what was initially thought, then, that could be used by certain candidates to question the results of the polls.
Traditionally, twenty or so percent of registered voters fail to cast their votes. Analysts say this could be bigger in this elections due to the automated elections. If the AVC reaches 75-76%, that is a normal figure. But if the disfranchisement resulted to 50 or 60%, with an additional 20% not being able to vote, certain sectors might use it to justify a protest saying that the 50 or 60% or so is not representative of the population.
BY the way, I should congratulate the AFP and the PNP, as well as other groups for ensuring a relatively peaceful elections. Despite 9 people killed and about 14 others injured, compared with past elections, this is relatively a normal figure.
As of 9:21 pm, with about 33% of the transmission of results in, the Comelec says that:
FOR PRESIDENT--AQUINO, NOYNOY leading former president JOseph Estrada and a far third is Manny Villar.
PARTIAL AND UNOFFICIAL RESULTS
PRESIDENT
1. AQUINO---5.8 MILLION
2. ESTRADA--3MILLION
3. VILLAR---1.9M
4. TEODORO-1.4M
VICE-PRESIDENT
1. BINAY---4.6M
2. ROXAS--4.5M
3. LEGARDA--1.7M
As I said, it is to the best interest of the country that we elect a majority president and by the looks of it, it seems that we really elected a MAJORITY PRESIDENT in the person of Senator Benigno Aquino III.
Yet, again, the fight is not yet over. We still have about 70% of the votes still un=counted.
Friday, March 5, 2010
30 Hackers enough to rig the May 10, 2010 elections
According to Joey de Venecia III, the pioneer in the Information Technology sector here in the Philippines, it only takes thirty (30) hackers to effectively rig the May 10, 2010 elections. That's why, Joey says, twenty percent (20%) of precincts around the country are vulnerable to network or red hat attacks.
Twenty percent (20%) of 400,000 clustered precincts are enough to sow chaos and violence in the forthcoming polls.
With an expected neck-to-neck fight among candidates, not just those running in the presidential polls, but also in the senatorial, the future of the first automated elections here is bleak or even very, very threatened.
De Venecia said cheating could be done through a remote terminal created and specifications specific to make it appear that it is a PCOS terminal. Likewise, extra space in the memory card of PCOS terminals could also be used to accommodate additional votes for specific candidates.
Joey de Venecia III is not overly optimistic on the success of the automated elections since it appears that the Commission on Elections (COMELEC) is not entirely prepared for an untoward situation.
Friday, February 19, 2010
Tyranny in Mandaluyong: Abalos-Gonzales clans acting as Ampatuans
I experienced it personally last night when I did some grassroots organizing work in the area, especially in Barangay Daang Bakal and Addition Hills. These two populous barangays are full of Estrada supporters and mostly PMP-UNO supporters.
Remember that it was Joey who exposed the bribery attempt by Abalos in relation to the ZTE-NBN deal.
A few weeks ago, the son of former vice mayor Bibot Domingo was charged with drug possession. It was a few days after Domingo declared that he will contest the mayoral post being held by Benjamin "Benhur" Abalos Jr., son and name sake of controversial ZTE-NBN conspirator former COMELEC chairman Benjamin Abalos Sr.
Reportedly, unknown people cased the residence of Domingo and after a few days, an arrest was made against the prospective candidate.
Another candidate, a certain De Guzman, wants to contest the post being held by Abalos. He is now under surveillance.
Seems like we actually have a very delicate situation here, and a very Maguindanao-an-like political situation at the very heart of the metropolis.
People of Mandaluyong according to some organizers I worked with, are fed up by the lackluster administration of the Abaloses and the Gonzaleses. They are fooling the intelligence of the masses. The political situation in Mandaluyong could be likened to a case of revolving chair--when the incumbent mayor finishes his term, a member of the allied political clan replaces him. If it's not the father, then, its the son. If not the son, the grandson and so on and so forth.
People of Mandaluyong are yearning for new faces. It is time to give them what their hearts' desire.
I appeal to the Comelec as well as the police and the military to take stock of what is happening in Mandaluyong and protect the people.
Wednesday, February 17, 2010
Breaking News! Comelec mulling on selective automation
I had a chance to talk with various sources yesterday on the May 10 elections. And it seems likely that we will have a manual instead of an automated elections. And the manual count is being planned curiously and quite strangely, in Mindanao.
Why in Mindanao? No body knows for sure why there when the region was known as a traditional election hot spot and source of widespread fraud. Think of Garci and you'll remember Mindanao.
A group of lawyers (Lente) and the IBP chapters throughout the Philippines are apprehensive about the automation, calling it a "very dangerous experiment". Lawyers worry on the expected huge number of disfranchised voters that this will create, given that it will take 22 hours for all voters to finish casting their votes while the law only allows half of the time. (Voting is only from 7am to 6pm--or about 11 hours).
The limited time already puts the entire process in jeopardy because of the huge number of voters per clustered precincts. If you have 50 million voters clustered in 50,000 precincts and every one votes, it will take 22 hours for every one to finish the casting of votes. The inevitability of a massive disfranchisement of voters will surely cast doubt on the entire poll process.
And granting, for the sake of argument, that everything is finished by 11 hours, you still have a huge problem---counting the ballots will be done in the evening which opens the possibility of physical sabotage. There are already groups out there who are thinking of destroying these optical machines to force manual counting.
Worst, both PLDT and Globe Telecommunications already indicated their unwillingness to provide Comelec and Smartmatic-TIM of digital data centers, fearing of sabotage. Seems that these two telecommunications firms will not risk their own multi-billion peso facilities for the elections.
That's why, there's a bigger possibility now that the Commission on Elections will announce selective automation instead of full automation. The question is---will this change the contractual obligations of SMARTMATIC-TIM?
Talks are rife that the Comelec will only do automated elections in Metro Manila, Metropolitan Cebu, Metro Davao, some key cities in Ilocos region and some in Northern and Southern Luzon. Mindanao will have manual counting of votes.
It should be, given that the requirements are changing. Comelec already paid two billion pesos to Smartmatic-TIM. And given that it is still unable to deliver the rest of the counting machines even up to this time, government should re-visit its Contract and invite Smartmatic-TIM to sit at the negotiating table again and reduce the financial considerations of this contract.
In the end, the penultimate loser in all of these is still the Filipino People who pays billions for a project that the proponents planned to fail.
Monday, December 28, 2009
Exposed! Maranao Comelec Official Behind Partylist Extortion Racket, Part I
A Maranao, working in one of the departments of the Commission on Elections (COMELEC) is behind the on-going multi-million peso extortion racket happening inside the electoral body. This Maranao election official is reportedly the bagman of several high-ranking Comelec officials.
The Maranao, a close associate of former Comelec official Atty. Ray Sumalipao, formerly regional director of the ARMM, is the mafiosi of the extortion group who reportedly forced some partylist groups to cough up money just to secure the Comelec's approval.
Atty. Sumalipao is one of three Muslim lawyers involved in the Hello Garci scandal. The Maranao extortionist is also the one suspected of having deals with Alioden Dalaig, the Comelec legal chief, who was brutally assassinated in 2007.
An on-going probe is being conducted as I write this.
The Maranao, whose codename is "Patrick", is reportedly in hiding as I write this. He is being blamed for the rejection of a big partylist organization and other legitimate partylist groups. These groups did not give in to the extortion of Patrick's group. This "Patrick" whose sibling is running for an elective post in Lanao del Sur, also name dropped Atty. Boy Macarambon's name as one of his closest associates inside the Comelec.
According to reports, the Maranao reportedly counts as accomplices four lawyers working in the second division of the Comelec, another Muslim staffer of Muslim Commissioner Yusoph and Commissioner Nicodemo Ferrer. The official, whom I will name in the next few days, also dropped the name of Atty. Boy Macarambon, as the one supporting his illicit activities. Comelec insiders however cleared Macarambon from complicity.
The Comelec official reportedly ask some partylist groups to give their "insider" group between 700,000 pesos to 3 million pesos to secure accreditation. Comelec has not released its decision on the petitions of some partylist groups because certain lawyers working in the divisions refused to release them because these people are reportedly waiting for the monies promised to them by "Patrick".
Patrick reportedly, did not give the monies and is now in hiding.
I asked Comelec chairman Jose Melo to look into this case very closely. This scandal will really destroy the integrity of the poll body and put the entire electoral process under very serious ill-repute.
I also ask my Maranao friends, especially Samira Gutoc, to help victims of this "Patrick" seek justice. This is a very serious accusation which affects the integrity of other Maranaos working in the Comelec.
IN the past, names of Muslims working in the Comelec have been dragged into very serious scandals in the poll body. Those involved in the Hello Garci scandal and others are Muslims. And the illicit activities of this Patrick would really destroy the reputations of other honest Muslims working in the Commission.
The Maranao, a close associate of former Comelec official Atty. Ray Sumalipao, formerly regional director of the ARMM, is the mafiosi of the extortion group who reportedly forced some partylist groups to cough up money just to secure the Comelec's approval.
Atty. Sumalipao is one of three Muslim lawyers involved in the Hello Garci scandal. The Maranao extortionist is also the one suspected of having deals with Alioden Dalaig, the Comelec legal chief, who was brutally assassinated in 2007.
An on-going probe is being conducted as I write this.
The Maranao, whose codename is "Patrick", is reportedly in hiding as I write this. He is being blamed for the rejection of a big partylist organization and other legitimate partylist groups. These groups did not give in to the extortion of Patrick's group. This "Patrick" whose sibling is running for an elective post in Lanao del Sur, also name dropped Atty. Boy Macarambon's name as one of his closest associates inside the Comelec.
According to reports, the Maranao reportedly counts as accomplices four lawyers working in the second division of the Comelec, another Muslim staffer of Muslim Commissioner Yusoph and Commissioner Nicodemo Ferrer. The official, whom I will name in the next few days, also dropped the name of Atty. Boy Macarambon, as the one supporting his illicit activities. Comelec insiders however cleared Macarambon from complicity.
The Comelec official reportedly ask some partylist groups to give their "insider" group between 700,000 pesos to 3 million pesos to secure accreditation. Comelec has not released its decision on the petitions of some partylist groups because certain lawyers working in the divisions refused to release them because these people are reportedly waiting for the monies promised to them by "Patrick".
Patrick reportedly, did not give the monies and is now in hiding.
I asked Comelec chairman Jose Melo to look into this case very closely. This scandal will really destroy the integrity of the poll body and put the entire electoral process under very serious ill-repute.
I also ask my Maranao friends, especially Samira Gutoc, to help victims of this "Patrick" seek justice. This is a very serious accusation which affects the integrity of other Maranaos working in the Comelec.
IN the past, names of Muslims working in the Comelec have been dragged into very serious scandals in the poll body. Those involved in the Hello Garci scandal and others are Muslims. And the illicit activities of this Patrick would really destroy the reputations of other honest Muslims working in the Commission.
Tuesday, June 30, 2009
TIM was offered an impossible request
In an interview today over at DZMM, former National Computer Center (NCC) head Ike Seneres surmised that maybe the reason why Total Information Management (TIM) withdrew from the poll automation is the "impossible request" coming from "higher ups". What kind of request, Seneres was wont to say. Seneres said TIM CEO and president Jose Antonio Antunez is a man of integrity. There is a possibility, says Seneres, that there probably was a request from someone or some group either in Commission on Elections (COMELEC) or in Malacanang and that Antunez was quick to squelch it. Senator Richard Gordon opined that there could be powerful groups within COMELEC that does not want automation of the elections. Who are these groups? Gordon did not identify them.
What is certain is the possibility of manual counting remains, unless, COMELEC does something impossible, for example, a purported plan to merge with Smartmatic just to push thru with the plan.
What is the reason behind the "irreconciliable" differences between Smartmatic and TIM?
What is certain is the possibility of manual counting remains, unless, COMELEC does something impossible, for example, a purported plan to merge with Smartmatic just to push thru with the plan.
What is the reason behind the "irreconciliable" differences between Smartmatic and TIM?
Tuesday, May 19, 2009
Macalintal's Word Play
Noted election lawyer and Mrs. Arroyo election counsel Romulo Macalintal today just changed the very wording of the prohibition for re-election expressed in Section 4 of Article 7 of the 1987 Constitution.
In an interview by the Philippine Daily Inquirer, the election lawyer of Mrs. Arroyo just added the word "elected" to refer to the word "president" in that provision. Macalintal knows that the word "president" there in that provision may mean many things. Obviously, the president referred to there was elected. But, there is no dispute there.
The core issue is whether or not that provision barring presidents from re-election applies to an ousted leader such as Estrada. Estrada did not finish his term. It was cut short by an extra-constitutional event. With his constructive resignation (an invention by the Philippine Supreme Court), Estrada was not able to finish the constitutional term of office of six years.
Now, will this proviso applies to a person who obviously just served three years in office? If you read the provision, it is very clear that the prohibition does not apply. Why? Because the term " four years" qualifies with that of the term of office that a president should serve in office. With his constructive removal err resignation, Estrada was not able to discharge the duties and rights as a president in 2001.
There lies the symantics problem. With Estrada being always referred to as a "former president", it means, literally, that the provision for re-election applies to him.
That's a problem. Even if there is no term or word "elected" immediately preceding the phrase "president", it does not matter. If the principle of legal construction is to be applied, it clearly shows that this provision could be interpreted as applicable to any person elected or has assumed the presidential posts provided that this person has finished more than three years of his term in office. Yes, the provision applies to presidents but only those who already finished or served more than 3 years in office.
In the end, this issue will boil down to seconds, minutes, hours or days that Estrada served his term. If it is more than three years, this prohibition would definitely apply.
What is certain is that this provision applies to a person elected as president yet was able to serve more than 3 years in office.
In an interview by the Philippine Daily Inquirer, the election lawyer of Mrs. Arroyo just added the word "elected" to refer to the word "president" in that provision. Macalintal knows that the word "president" there in that provision may mean many things. Obviously, the president referred to there was elected. But, there is no dispute there.
The core issue is whether or not that provision barring presidents from re-election applies to an ousted leader such as Estrada. Estrada did not finish his term. It was cut short by an extra-constitutional event. With his constructive resignation (an invention by the Philippine Supreme Court), Estrada was not able to finish the constitutional term of office of six years.
Now, will this proviso applies to a person who obviously just served three years in office? If you read the provision, it is very clear that the prohibition does not apply. Why? Because the term " four years" qualifies with that of the term of office that a president should serve in office. With his constructive removal err resignation, Estrada was not able to discharge the duties and rights as a president in 2001.
There lies the symantics problem. With Estrada being always referred to as a "former president", it means, literally, that the provision for re-election applies to him.
That's a problem. Even if there is no term or word "elected" immediately preceding the phrase "president", it does not matter. If the principle of legal construction is to be applied, it clearly shows that this provision could be interpreted as applicable to any person elected or has assumed the presidential posts provided that this person has finished more than three years of his term in office. Yes, the provision applies to presidents but only those who already finished or served more than 3 years in office.
In the end, this issue will boil down to seconds, minutes, hours or days that Estrada served his term. If it is more than three years, this prohibition would definitely apply.
What is certain is that this provision applies to a person elected as president yet was able to serve more than 3 years in office.
Exclusive! Associates of First Gentleman bagged COMELEC contract
Sources say the Commission on Elections (COMELEC) has already decided on who will handle the automated elections in 2010 and it's definitely the group of SMARTmatic/TIM. And you know who's behind this group?
SmartMatic/TIM is the group of Cezar Quiambao and this brilliant financial cum funds wizard named Ernest Villareal. Sounds familiar? Well, yes.
Villareal is actually the "shadow" that lends weight in every deal entered into by the highly popular bunch of golfers under the First Golfer Group.
Who is Cezar Quiambao? Quiambao is a businessman who in 2007 faced a complaint after asking for transparency in the bidding for the SLEX. He was chairman of the Star Infrastructure Development Corporation/Star Tollway Corporation before the Supreme Court declared his being chairman non-legal.
Quiambao also managed Stradcom, the tech company which bagged the highly controversial contracts of the Land Transportation Office (LTO), Land Registration Authority (LRA) and the Department of Foreign Affairs (DFA). Quiambao also created CITRA, which constructs those highways and roads which we normally use in the provinces and Metro Manila.
He's reportedly a big time broker who is very close to the pro-Arroyo generals. He's also a "miracle maker" who secures 10 billion peso worth of projects through a very expansive network of government and non-government officials. In some projects, he teamed up with Wellex of plastics king William Gathalian. Quiambao's hand work is all over Pacifica, which the SEC suspended their trading activities.
Mrs. Arroyo mentioned Cezar Quiambao as a businessman who "helped realize the dreams of government to construct roads" in 2002. Quiambao is reportedly very, very close to the First Gentleman.
Now, who is behind Quiambao?
Quarters whisper the name of Ernest Villareal. Villareal, as everybody knows, is a very close associate of First Gentleman Mike Arroyo.
Question---do we still expect a very honest, clean and graft-free elections in 2010? Your guess is as good as mine.
SmartMatic/TIM is the group of Cezar Quiambao and this brilliant financial cum funds wizard named Ernest Villareal. Sounds familiar? Well, yes.
Villareal is actually the "shadow" that lends weight in every deal entered into by the highly popular bunch of golfers under the First Golfer Group.
Who is Cezar Quiambao? Quiambao is a businessman who in 2007 faced a complaint after asking for transparency in the bidding for the SLEX. He was chairman of the Star Infrastructure Development Corporation/Star Tollway Corporation before the Supreme Court declared his being chairman non-legal.
Quiambao also managed Stradcom, the tech company which bagged the highly controversial contracts of the Land Transportation Office (LTO), Land Registration Authority (LRA) and the Department of Foreign Affairs (DFA). Quiambao also created CITRA, which constructs those highways and roads which we normally use in the provinces and Metro Manila.
He's reportedly a big time broker who is very close to the pro-Arroyo generals. He's also a "miracle maker" who secures 10 billion peso worth of projects through a very expansive network of government and non-government officials. In some projects, he teamed up with Wellex of plastics king William Gathalian. Quiambao's hand work is all over Pacifica, which the SEC suspended their trading activities.
Mrs. Arroyo mentioned Cezar Quiambao as a businessman who "helped realize the dreams of government to construct roads" in 2002. Quiambao is reportedly very, very close to the First Gentleman.
Now, who is behind Quiambao?
Quarters whisper the name of Ernest Villareal. Villareal, as everybody knows, is a very close associate of First Gentleman Mike Arroyo.
Question---do we still expect a very honest, clean and graft-free elections in 2010? Your guess is as good as mine.
Monday, May 18, 2009
SMARTmatic lowest bidder
The Commission on Elections (COMELEC) just announced that SMARTmatic/TIM has the lowest bid among the remaining bidders in the automation of the 2010 elections.
Smartmatic/Total Information Management gave the amount at 7.19 billion, about 4 billion pesos lower than the rest of the bidders.
Smartmatic/Total Information Management gave the amount at 7.19 billion, about 4 billion pesos lower than the rest of the bidders.
COMELEC BID BODY SAYSSmartmatic has lowest automated polls bid
By Anna ValmeroINQUIRER.netFirst Posted 18:35:00 05/18/)
MANILA, Philippines—(UPDATE) The Commission on Elections said on Monday
that Smartmatic/Total Information Management consortium was the lone qualifier
for the final leg of bidding for the P11.2 billion automation
contract.
Smartmatic and local partner TIM, which pegged its financial bid for the automation contract at P7,191,484,739.48 or about P4 billion below than the total contract amount, is the only qualifier for the last leg of the automation bidding.
For this, the Comelec Special Bids and Awards Committee (SBAC) declared the Smartmatic consortium as bidder with the lowest calculatedresponsive bid that “complied with the set requirements of Comelec,” according to SBAC vice chairman Adolfo Ibanez.
“With the evaluation report on the Smartmatic consortium, at this part of the bids process, the SBAC declares Smartmatic/TIM a complied bidder. The evaluation of the financial bid proposals will not mean that they have already bagged the award. To get the contract, the bidder must still pass the technical evaluation of PCOS machines set this week,”
said Ibanez.
Ibanez invited Smartmatic to setup their poll machines for the bid evaluation.
“Looking for the bidder with lowest calculated responsive bid does not necessarily mean selecting a bidder with the least expensive proposal.
We have to strike a balance between the bidder's eligibility to handle the project, their technical capacity to comply with requirements of the Comelec for the automated election system, and financial proposal that should not exceed the
total contract amount,” added SBAC chirman Ferdinand Rafanan.
Before making a recommendation on the lowest bid, Rafanan said SBAC would be conducting post-qualification or post-evaluation of the documents simultaneously with the technical demonstration and evaluation of machines.
Earlier today, the consortium of Indra Sistemas, SAHI and Hart Intercivic was disqualified for having a bid that failed to comply with required number of deliverables or components of the automation system. These include units of precinct count optical scan (PCOS) units, canvassing units, battery devices and digital keys
for use in the encryption of voting system results and operation of PCOS
machines.
The consortium of Indra Sistemas, SAHI and Hart Intercivic offered a proposal worth P11,223,307,799--a bid lower by P310, 609 from the contract amount.
SBAC said the P11,223,618,400 total contract amount covered the following: P10.923 billion for the automated election system, including the lease amount for 80,000 precinct count optical scan machines (P8.22 billion); canvassing units (P140 million) and related services (P1.563), P200 million for transmission costs and P100 million for project management costs.
The financial proposals were calculated on Monday by the technical working group
(TWG) to check if they did not exceed the amounts allocated per subcomponent,
and if they fulfilled the required automation system subcomponents, said Rafanan.
By end of May, the poll body will award the contract and “hopefully, have a poll automation bidder that will work for the automation of the 2010 elections,” Rafanan said.
Meanwhile, SBAC will make the ruling on Tuesday regarding the motion for clarifications of Sequoia Voting Systems-USSC consortium and other pending bid appeals, without entertaining verbal manifestations from other bidders.
Regarding the appeal of Avante International/ES&S, the SBAC junked its motion for reconsideration for failure to submit certificate of acceptance regarding contracts with the States of Michigan and Minnesota.
At this point in time, Rafanan said bidders are barred from communicating with any SBAC member or official observer outside of the bidding proceedings.
The SBAC is almost on the final stage of evaluating bid proposals.
Saturday, May 16, 2009
COMELEC scam: Melo's Nightmares and Poll Automation Saboteurs
Frustrating the people's will for change through elections would lead to chaos, says COMELEC Chairman Jose Melo. But, would it?
Three presidentiables, officials of the Catholic Bishops Conference of the Philippines (CBCP) and progressive groups have criticized Melo for expressing his "nightmares" in public. Yesterday, Melo expressed apprehensions that anybody sinister enough to file a TRO due to a failed bidding, may yet derail the electoral exercise. He says the current bidding should be "above board" and "transparent" to avoid such complications.
Yet, we all know that Melo is asking for the impossible. This early, one of the seven bidders represented by one lawyer, a certain Attorney Nobleza, indicated its desire to file a TRO due to alleged partiality in COMELEC's choice of the four remaining bidders. COMELEC cannot prevent anybody from exercising what they think is a right.
That's the problem with this bidding. It is being implemented a few months prior to the elections; hence the poll body is now pressured to choose a bidder even if the choice is a "lesser evil". That's why critics are wont to say that the entire exercise is designed to fail.
Even suggestions that maybe COMELEC may choose to automate some and not all areas of the country just indicates the a priori knowledge of COMELEC of the inability of these bidders to adequately supply the necessary machines to fully automate the elections. The very fact that COMELEC suggested this just shows you how ill-prepared they are for the elections.
Indicatively, Melo is just one small player swimming in a lake full of veteran election gamblers. Melo may have the right intentions; yet the syndicate of election operators are stronger and more entrenched inside the organization than him, a veritable newbie and outsider. This syndicate wants manual counting precisely because they earn from it. It is not a political decision. These derailments are signs that the COMELEC syndicate is silently working as a saboteur.
COMELEC is just one example of a government gone the syndicate way. The entire Philippine bureaucracy has been transformed into one big syndicate that is anti-progress, anti-reform. The only way to change it is not through elections but through a systematic, surgical and painful way possible.
Three presidentiables, officials of the Catholic Bishops Conference of the Philippines (CBCP) and progressive groups have criticized Melo for expressing his "nightmares" in public. Yesterday, Melo expressed apprehensions that anybody sinister enough to file a TRO due to a failed bidding, may yet derail the electoral exercise. He says the current bidding should be "above board" and "transparent" to avoid such complications.
Yet, we all know that Melo is asking for the impossible. This early, one of the seven bidders represented by one lawyer, a certain Attorney Nobleza, indicated its desire to file a TRO due to alleged partiality in COMELEC's choice of the four remaining bidders. COMELEC cannot prevent anybody from exercising what they think is a right.
That's the problem with this bidding. It is being implemented a few months prior to the elections; hence the poll body is now pressured to choose a bidder even if the choice is a "lesser evil". That's why critics are wont to say that the entire exercise is designed to fail.
Even suggestions that maybe COMELEC may choose to automate some and not all areas of the country just indicates the a priori knowledge of COMELEC of the inability of these bidders to adequately supply the necessary machines to fully automate the elections. The very fact that COMELEC suggested this just shows you how ill-prepared they are for the elections.
Indicatively, Melo is just one small player swimming in a lake full of veteran election gamblers. Melo may have the right intentions; yet the syndicate of election operators are stronger and more entrenched inside the organization than him, a veritable newbie and outsider. This syndicate wants manual counting precisely because they earn from it. It is not a political decision. These derailments are signs that the COMELEC syndicate is silently working as a saboteur.
COMELEC is just one example of a government gone the syndicate way. The entire Philippine bureaucracy has been transformed into one big syndicate that is anti-progress, anti-reform. The only way to change it is not through elections but through a systematic, surgical and painful way possible.
Friday, May 15, 2009
COMELEC Bidding Scandal
As what New Philippine Revolution wrote a few entries ago, we must be very vigilant in the coming weeks because what I wrote before has slowly unfolded. Two days ago, clashes broke out in Mindanao, a Marine Lieutenant Senior Grade by the name of Gaudian exposed a funds anomaly involving Marine officers, palace pronouncements indicating Mrs. Arroyo as Prime Minister, charter change moves at the House and this recent bidding anomaly over at the COMELEC.
This bidding anomaly over at the COMELEC was even uploaded in the YOUTUBE by a concerned citizen, showing COMELEC automation chairman Ferdinand Rafanan allegedly waiting for architect and bidder FF Cruz Senior to finish signing his bid documents. The alleged incident happened last May 9, the day when COMELEC was to hear FF Cruz and their partner Gilat's proposal to provide the poll body with counting machines. Here's the video clip. Judge for yourself:
This administration is creating scenarios that would justify regime extension. Arroyo is testing the waters, dipping her fingers slowly in the increasingly heating broth and assessing whether she and her devil flock can continue their evil rule without fail.
Ideologues within the regime are also stroking the lit fire, albeit, slowly at first, then, come June, they'll unleash their full support behind moves and actions for one purpose---justify and implement a God Save the Queen scenario meant to prolong the administration of Mrs. Gloria Macapagal-Arroyo.
Since a few months ago, pivotal players and actors involved in the change movement are being harassed and are being prevented from doing business. One of these players, Jun Lozada, was even incarcerated. These moves are meant to "test the waters", so to speak, to enable this regime to see the extent of possible public dissent or the lack of it.
The Lozada episode and the obvious lack of public outrage against charter change have lead ideologues within the Arroyo regime to presume that oppositors against term extension have weakened. This is very dangerous since this allows the regime to further up the ante a little bit.
It is also interesting to see how major political players will move to oppose Mrs. Arroyo. They did it before and was repulsed by a stronger force.
Former president Joseph Estrada yesterday threatened to lead anti-cha cha rallies but it is dubious whether he truly has the capability to cause the downfall of this regime, seeing he is already weak politically. Whether he can muster enough force to avert cha-cha is doubtful.
Having said that, it is time for the New Patriots of the New Generation to abandon thoughts of changing society through elections. This early, this mode has already been tainted, with this bidding anomaly. A paradigm shift is in order.
This bidding anomaly over at the COMELEC was even uploaded in the YOUTUBE by a concerned citizen, showing COMELEC automation chairman Ferdinand Rafanan allegedly waiting for architect and bidder FF Cruz Senior to finish signing his bid documents. The alleged incident happened last May 9, the day when COMELEC was to hear FF Cruz and their partner Gilat's proposal to provide the poll body with counting machines. Here's the video clip. Judge for yourself:
This administration is creating scenarios that would justify regime extension. Arroyo is testing the waters, dipping her fingers slowly in the increasingly heating broth and assessing whether she and her devil flock can continue their evil rule without fail.
Ideologues within the regime are also stroking the lit fire, albeit, slowly at first, then, come June, they'll unleash their full support behind moves and actions for one purpose---justify and implement a God Save the Queen scenario meant to prolong the administration of Mrs. Gloria Macapagal-Arroyo.
Since a few months ago, pivotal players and actors involved in the change movement are being harassed and are being prevented from doing business. One of these players, Jun Lozada, was even incarcerated. These moves are meant to "test the waters", so to speak, to enable this regime to see the extent of possible public dissent or the lack of it.
The Lozada episode and the obvious lack of public outrage against charter change have lead ideologues within the Arroyo regime to presume that oppositors against term extension have weakened. This is very dangerous since this allows the regime to further up the ante a little bit.
It is also interesting to see how major political players will move to oppose Mrs. Arroyo. They did it before and was repulsed by a stronger force.
Former president Joseph Estrada yesterday threatened to lead anti-cha cha rallies but it is dubious whether he truly has the capability to cause the downfall of this regime, seeing he is already weak politically. Whether he can muster enough force to avert cha-cha is doubtful.
Having said that, it is time for the New Patriots of the New Generation to abandon thoughts of changing society through elections. This early, this mode has already been tainted, with this bidding anomaly. A paradigm shift is in order.
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