Comelec sees recount as win-win solution amid petition vs. Smartmatic

PARTNERSHIP. Commission on Elections officials, led by Chair George Erwin Garcia, and Upholding Life and Nature (ULAN) executive director Ronaldo Gutierrez (3rd and 6th from left) show the memorandum of agreement for various collaborations signed at the poll body’s head office in Intramuros, Manila on Tuesday (Oct. 17, 2023). Comelec and ULAN will hold voter education initiatives, election day surveys and monitor emergency accessible polling places related to the Oct. 30 Barangay and Sangguniang Kabataan Elections. (PNA photo by Yancy Lim)

MANILA  –  To settle allegations surrounding the 2022 National and Local Elections (NLE), the Commission on Elections (Comelec) on Tuesday raised the possibility of a speedy recount of ballot boxes in select precincts nationwide.

In an ambush interview, Comelec Chairperson George Erwin Garcia said he would propose the conduct of a speedy recount procedure to the Comelec en banc.

 “Kinakailangan magkaroon tayo ng win-win solution. Para ma-settle once and for all… Petitioners na ang mamili (ng presinto), pabuksan ang mga ballot boxes, bilangin natin isa-isa ang balota, tingnan natin kung tumutugma sa election returns (We should have a win-win solution. To settle once and for all… Petitioners should choose the precinct, open the ballot boxes, let’s count each ballot, see if it matches the election returns),” he said. 

 Garcia made the statement following the en banc’s hearing of the disqualification petition against Smartmatic, filed by the group of former Department of Information and Communications Technology (DICT) Secretary Eliseo Rio.

 “If they cannot believe the election returns if they cannot believe the transmitted statement of votes, then the answer is inside the box,” he said. 

 Garcia then expressed confidence in the integrity of the poll body’s conduct of last year’s polls. 

 “We are prepared to face the consequences of everything. In the final analysis iyon iyong nakalagay sa loob ng ballot boxes. So kung ano iyong result, paninindigan dapat ng commission on elections (that’s what’s inside the ballot boxes. Whatever the result is, the Comelec must stand by it),” he added.

Garcia said the recount may be conducted publicly with the presence of petitioners and all concerned stakeholders once the Barangay and Sangguniang Kabataan Elections (BSKE) have been concluded. 

“Siguro month of November pwede na iyon habang tayo ay magtutungo sa procurement natin for 2025 Elections (Maybe around November, it can be while we’re proceeding to our 2025 procurement),” he added. 

During the morning hearing, Rio’s camp prayed for the disqualification of Smartmatic to join the 2025 NLE procurement process as its “preemptive action,” against the latter’s alleged irregularities. 

Other issues raised were the use of a single IP address and the alleged presence of man-on-the-middle during the transmission of votes last 2022 NLE. 

 The poll body’s 2025 NLE procurement, meanwhile, entailed more modifications to avoid similar issues and ensure transparency.

 Based on Comelec’s term of reference, its procurement unbundled three items to have separate contractors, particularly for the purchasing of software, hardware, and other election collaterals like ballot boxes; another for transmission results; and a separate procurement for internet voting. 

 Early voting hours 

 Garcia, meanwhile, urged Upholding Life and Nature (ULAN) to help them encourage persons with disabilities (PWDs), senior citizens, and heavily pregnant women to maximize the early voting hours to ensure their convenience. 

This came following the poll body’s signing of the memorandum of agreement (MOA) with ULAN. 

 The earlier schedule for the October 30 BSKE, from 5 a.m. to 7 a.m., shall be implemented in Naga City and Muntinlupa. 

 “Kasi kapag naging successful iyon at di pa maipasa iyong batas ng early voting para sa senior citizens at PWDs, kasama na rin ang heavily pregnant women (Because if it turned out to be successful and the early voting law is not yet passed), at all cost, we will proceed with early voting hours by next election of 2025 nationwide,” Garcia said in a separate speech. 

As of June 18, there are 453,851 PWDs and 11,255,189 senior citizens registered for the 2022 NLE and 2023 BSKE, according to the Comelec. 

 Digital vote-buying 

 The Comelec, meanwhile, expressed delight following the issued order of Bangko Sentral ng Pilipinas (BSP) to monitor malicious online transactions concerning BSKE. 

 “Ito po ay warning sa lahat na mag-aavail ng makabagong pamamaraan ng pagpapadala, 

Gcash, Paymaya at iba pang platform. Hindi lang po kami ang nagmamatyag, Bangko Sentral ng Pilipinas ang makakalaban niyo rin (This is a warning to all who will avail of the modern means like Gcash, Paymaya, and other platforms. We are not the only ones watching, you will be going against the BSP also),” Garcia said. 

 He mentioned accounts performing transactions in volume during the campaign period, which shall be presumed to be vote-buying or vote-selling. 

Garcia said the BSP’s data may be used, alongside affidavits of citizens, and other forms of evidence. 

In the said BSP memorandum, enhanced surveillance and monitoring measures shall be implemented. 

Calibration of fraud management systems was also urged with considerations on “concentration of account registrations” to an area where vote buying is reported to be rampant; large cash transactions; unusual transaction flows like “one-to-many” or “many-to-one;” as well as unusual volume or value of cash in/cash out channels.