List of PCOS related cases updated as of 31 August 2014

PCOS RELATED CASES

As of 31 August 2014

1. Adaza, et al v. Comelec.- This is a Petition for Certiorari and Prohibition filed with the Supreme Court on or about 29 June 2010 and docketed as G.R. No. 19256, seeking to (i) declare the 10 May 2010 elections null and void and call for new elections; or (ii) conduct a nationwide manual recount, based on the following grounds among others: (a) the canvassing of votes and proclamation of winning candidates was based on electronic election returns not digitally signed as required by the AES Law; and (b) the PCOS based AES failed to comply with the required minimum system capabilities, i.e. vote verification function disabled, built-in ultra violet lamp disabled, source code not made available for review. Based on information, the petition is still pending review as of 31 August 2014.

2. PCS v. Melo & Flores, et al.- This is a criminal and administrative complaint filed with the Ombudsman on 29 June 2010, for various violations of the AES Law and the Anti-Graft & Corrupt Practices Act during the 10 May 2010 elections, as follows: (a) disablement of digital signatures, (b) disablement of built-in ultra violet lamp, etc. Based on information, the complaint is still pending review as of 31 August 2014.

3. Aguilar, et al v. Comelec.- This is a Petition for Mandamus filed with the Supreme Court on 11 November 2010 and docketed as G.R. No. 194204, seeking to compel disclosure of photo images of all ballots cast nationwide during the 10 May 2010 elections, invoking the constitutional right to information under Section 7, Article III Bill of Rights of the 1987 Constitution, and citing the following circumstances surrounding the call for a people's audit of the election results: (a) disablement of digital signatures; (b) disablement of built-in ultra violet lamp; and (c) non-compliant random manual audit process. The petition was dismissed on 10 June 2013 purportedly for being moot and academic with the conduct of the 13 May 2013 elections, even though the prayer sought only disclosure of information to audit the PCOS based AES used during the 10 May 2010 elections. The motion for reconsideration was denied on 30 July 2013.

4. Biliran Kawsa v. Flores & Melo, et al.- This is a criminal complaint filed with the CIDG/PNP on 17 October 2011, for "hacking" under Section 33 of the Electronic Commerce Law based on documented incidents of unauthorized electronic transmission and receipt of electronic election returns during the 10 May 2010 elections, as follows: (a) unauthorized transmission and receipt of electronic election returns from an unknown source; (b) unauthorized double transmission and receipt of electronic returns for the same precinct using different IP addresses; and (c) unauthorized double use of the same IP address for different precincts. The complaint is still pending investigation as of 31 August 2014.

5. Plazo v. Flores & Melo, et al.- This is a criminal complaint filed with the CIDG/PNP on 17 October 2011, for unauthorized network intrusion into the AES based on documented incidents of discrepant voting results for candidates of the Ang Kapatiran Party during the 10 May 2010 elections, as reported in the Comelec accredited website ibanangayon.ph and the Comelec national canvass website at results.comelec.gov.ph on 10 May 2010, whereby the electronic results were tampered twice, i.e. first to post "shaved" results; second to edit the "shaved" results. The complaint is still pending investigation as of 31 August 2014.

6. TanDem, et al v. Comelec & Smartmatic.- This is a Petition for Certiorari, Prohibition & Mandamus filed with the Supreme Court on or about 26 April 2012 and docketed as G.R. No. 201413, seeking to nullify the purchase by Comelec of the PCOS based AES from Smartmatic, based on the following grounds: (a) the transaction was made pursuant to an expired option to purchase and thereby disregarded the requirement for a public bidding; (b) the PCOS based AES failed the requisite minimum accuracy rate; (c) the PCOS based AES operated without functional digital signatures during the 10 May 2010 elections; and (d) the PCOS based AES was vulnerable to “hacking” as recorded in Biliran during the 10 May 2010 elections. The petition was dismissed on 13 June 2012 on the grounds that the non-release of the performance security purportedly extended the effectivity of the separate stipulation for an option to purchase, and that the PCOS based AES was supposedly technically capable of using digital signatures without reference however to the actual disablement of digital signatures during the 10 May 2010 elections. The motion for reconsideration was denied on 23 October 2012.

7. Bagumbayan, et al v. Comelec.- This is a Petition for Mandamus filed with the Supreme Court on or about 02 May 2013 and docketed as G.R. No. 206719, seeking to compel the Comelec to make the source code used for the 13 May 2013 elections, available for review by political parties and other interested parties, pursuant to Section 14 of RA 8436, as amended by Section 12 of RA 9369. The Petition also seeks to preserve the computers in order to facilitate an audit of the source code used during the elections. The petition is pending review as of 31 August 2014.

8. TanDem, et al v. Comelec.- This is a Petition for Mandamus filed with the Supreme Court on 08 May 2013 and docketed as G.R. No. 206784, seeking in connection with the 13 May 2013 elections to (i) postpone the proclamation of candidates pending the validation of the electronic results via the manual count of all ballots cast, provided there are no signs of tampering of said ballots, or (ii) declare the proclaimed candidates as de facto public officers subject to validation by manual count of all ballots cast, provided there are no signs of tampering of said ballots, based on the following grounds: (a) disablement digital signatures, (b) failure to make the source code available for review, (c) disablement of the vote verification function, and (d) nullification of the randomness of the manual audit. The petition is pending review as of 31 August 2014.

9. Request for Disclosure of Information.- This is a Request for Disclosure of Information filed by a US citizen of Filipino descent on or about 22 May 2013 with the Central Intelligence Agency of the U.S.A. pursuant to the Freedom of Information Act (FOIA), seeking records of participation in or monitoring by the Agency of the following: the Philippine presidential elections of 2004; the “regime change” activities against the Philippine Arroyo administration from 2005 through 2010; and the conduct by Smartmatic International Corporation as outsource service provider of the Philippine automated presidential elections of 2010. The request was denied on 01 July 2013, stating that the existence or non-existence of such records was classified information.

10. TanDem & Bagumbayan, et al v. Melo, Brillantes, De Villa & Flores, et al.- This is a criminal and administrative complaint filed with the Ombudsman on or about 03 July 2013, for various violations of the AES Law and related election laws during the 13 May 2013 elections, as follows: (a) disablement of digital signatures nationwide, (b) failure to open the source code for review, (c) failure to provide for a vote verification process, and (d) negating the randomness of the manual audit. The complaint is pending review as of 31 August 2014.

11. Penson, et al v. Comelec.- This is a Petition for Certiorari filed with the Supreme Court on or about 28 March 2014 and docketed as G.R. No. 211636, seeking the nullification of the national and local elections of 13 May 2013, including the declaration of NBOC Reso. No. 0004-13 dated 18 May 2013 and NBOC Resolution No. 0010-13 dated 05 June 2013 as null void, based on the following grounds: (a) disablement digital signatures, (b) failure to make the source code available for review, (c) disablement of the vote verification function, and other violations of Republic Act No. 9369 providing for an automated election system. The petition is pending review as of 31 August 2014.

12. Aranas et al v. Municipal Election Registrar et al.- This is an action filed by registered voters with the Regional Trial Court of Gapan City, Nueva Ecija, for the opening of ballots and manual counting of votes cast for senatorial candidate Eduardo Villanueva during national elections of 13 May 2013, based on the ground that the result of the canvass of votes cast for the said candidate in three (3) specified clustered precincts was mathematically improbable because the votes counted were less than the number of the plaintiffs. On 21 March 2014, the Court rendered its Decision declaring that upon manual counting of the votes appearing in official ballots in Clustered Precinct Nos. 19, 29 and 30 in Barangays Pias and Concepcion, General Tinio, Nueva Ecija, candidate Villanueva garnered a total of 900 votes as against the official Comelec count of only 781 votes. There bing no appeal or motion for reconsideration or new trial filed within the reglementary period, the Decision has become final and executory.