SC: Comelec has to print vote receipts for May polls

The Commission on Elections will really have to print voting receipts for the May national elections.

This was after the high court affirmed on Thursday an earlier decision compelling the poll body to activate the voter verification paper audit trail (VVPAT) feature of the vote counting machines.

In a media briefing, SC Public Information Office chief and spokesman said the tribunal voted unanimously to deny the Comelec motion seeking to reverse the SC’s March 8 decision.

Associate Justices Antonio Carpio and Lucas Bersamin were on leave.

Responding immediately after the announcement, former Sen. Richard Gordon, who filed the petition, said the Comelec does not need additional time to activate the VVPAT and make changes in the machines' source code.

"Hindi mahirap ayusin ang source code. Nagawa nila nung February 8 and 9. Pinalitan nila [ang source code] dahil may hindi nagtugma [sa machines]... Ginawa rin nila iyon noong automated elections noong 2010. Nadiskubre nilang may diperensiya. Nabilang at napalitan nila ang makina, 76,000. Napalitan lahat ng CF cards. Nakakagulat iyon. Kaya malakas ang loob ko na kaya iyan," he said.

Gordon urged the media to find out why the Comelec has long been opposing the implementation of several security features for the elections, including digital signatures in the past polls, and the VVPAT for the May polls.

"Bakit ayaw nila? I beg of you—why don't you ask them why they don't want to implement the source code? Dalawang elections, hindi ipinapakita ang source code... Bakit pati itong VVPAT, ayaw nila?" said Gordon.

He said he wondered why Comelec was able to put up the on-screen verification feature for the machines despite being more expensive than printing receipts.

"Aba ay hmmm... mukhang may mahiwagang nangyayari," said the former lawmaker.

He said he filed his petition only after the Comelec officially decided in February to forego with the receipts because that was the only time the issue became a "justiciable" one.

Gordon emphasized that the receipts that the Comelec would be printing have to contain a timestamp, ballot ID and precinct numbers.

"Otherwise, it is just a mere scrap of paper. O, kumain ka? O, eto ang resibo mo. Bakit walang date? Bakit 'di nakalagay?" said Gordon.

‘Burden’ on Comelec

During the oral arguments, Solicitor General Florin Hilbay, representing the Comelec, told the SC that the requirement for voting receipts would impose a "substantial unanticipated burden" on the poll body as well as on teachers manning the polling precincts.

Hilbay said that while printing receipts would result in a "marginal" improvement, it would still be burdensome and make the elections vulnerable to cheating.

Pressed by Associate Justice Marvic Leonen, Comelec chairman Andres Bautista said the poll body will do its best to make credible elections on May 9 even if it will be required to activate the VVPAT feature of the vote counting machines.

During interpellations, Comelec commissioner Christian Robert Lim said the Comelec would be needing two additional weeks to re-configure the source code for the activation of the VVPAT.

Leonen, in interpellating Lim, said: "If we wanted all the features in the receipt, then we will have to touch the source code. That significantly increases the time necessary for the preparations."

"With touching the source code your timeline is May 23?" asked Leonen, to which Lim said, "Yes, your honor."

"I would suppose without touching the source code, we can have elections on May 9," said Lim.

"Without touching the source code, it is possible to enable it to print out a receipt that does not the features that you mentioned like ballot number, precinct number, the hash code," said Leonen, as Lim agreed.

A hash code is a human-readable instruction that is converted to binary codes, the universal language of machines, according to Lim.

Meanwhile, Chief Justice Maria Lourdes Sereno asked Comelec chief Bautista if automatic cutters can be installed into the VCMs before May 9 to avoid yanking and paper jam.

Marlon Garcia, Smartmatic project manager, said more time is needed to manufacture the cutters and make changes on the source code.

Bautista said the VCMs currently have cutters, but what is needed is a heavy-duty cutter.

Poll watchdog welcomes SC decision

Kontra Daya, a poll watchdog group, on Thursday welcomed the high court's denial of the Comelec's motion for reconsideration.

"It is our hope that Comelec will now undertake all necessary efforts to implement this provision of the law," the group said in a statement sent to the media.

The group also urged the public to vigilant.

"The vote receipt is just one of the safeguards watchdog groups have long advocated. It is still important that the counting of votes will be accurate, that the canvassing would not be vulnerable to rigging. Without a genuine source code review and a review of the canvassing systems, the credibility of the polls will be in doubt," it said.

Kontra Daya also asked for another round of mock elections by Comelec, this time generating the required receipts "and with the inclusion of transmission and canvassing in the tests."

"From the latest debacles we've seen, we will continue to press for the scrapping of a foreign-controlled (Smartmatic) poll system for future elections," it added. —KBK/KG/JST, GMA News