ae a+ Office of the Ombudsma x “Manindigan Kontra Katiwalian” FILING DATE JURISDICTION [NCR COMPLAINANTS: Bev. z ‘ADDRESS MATA SA BALOTA 1 | MANUEL) GALVEZ 6-AV. P, Fernando Road De La Paz 1600 Pasig Cit a CITIZENS’ CRIME WATCH SaLDIRSOLE RASPANTAY 2017 W Soliven Greenhills EDSA Quezon City. ‘CCHAI Xentral Hub @ 5F PHILAM LIFE SIRES aRoeE 126 Leviste Street < Salcedo Village 1227 Makati City_1 4 | MELCHOR G MAGDAMO- 54 Sarimanok Street < Mira Nila 1107 Quezon City RESPONDENTS: |__ [NAME POSITION | ADDRESS | CHARGE EXECUTIVE | _ COMELEC SERIOUS 1 |30SEMARUNDAN TOLENTINO | pirector | PALACIO DEL | DISHONESTY 2 | TEOPISTO € ELNAS IR DEPUTY | GOBERNADOR | GROSS. INTRAMUROS | NEGLECT 3 | JAMES ARTHUR 8 JIMENEZ DIRECTOR AN OF DUTY. 76th Floor ACCRA Law Tower | 2nd Avenue corner 30th Street Crescent Park West Bonifacio Global City 4 | SMARTMATIC TOTAL INFORMATION MANAGEMENT =- HUAN ANDRES DONATO BAUTISTA | XCCHAIRMAN | — FUGITIVE FROM JUSTICE Internet Protocol address DOE ETCETERA TOR 6 | ALIAS JOHN DOE ETCET opeRaTor/s | 10.101, 1.198 The COMMISSION ON ELecTIONS (COMELEC) Chairman and six Commissioners are beyond Ombudsman jurisdiction under the 1987 Constitution. COMELEC credibility has been and continues to be steadily eroding from 1987 to 2019. Election technology has been a monopoly of Smartmatic since 2009. Around 20 Billion Pesos have already been paid to Smartmatic without public bidding | for the 2013 & 2016 & 2019 polls. The latest electoral disaster, which | mainstream media downplay as “glitch”, is perhaps the worst in Philippin election history in terms of machine malfunctions that appear intent pretending-to-be-accidental. Stern warnings from Supreme Court ae ional (see Bishops et a/ versus Comelec et al [case N° 216098. 2015.04.91) ong the resibo case [N° 222731_2016.03.08]) and more recent stemn pany’ from the JowT CONGRESSIONAL OVERSIGHT Comments GOD ee eng national television during the JCOC public hearines held ov oo, eee” OF | 2018-08-06 fell on deaf Comelec ea Bee nen o2018-07-31 and | -08- i rs. Comele 2019-04-08 JCOC hearing. This complaint pate ippine | ional: y under REVISED RULES oN ) Section 46-A subsections reparatory to Impeachment IN THE CIVIL Seav. A nce (R & 2 leading to Ombudsman ieeeREPUBLIC OF ‘THE BUTLTPEINES} OFFICE OF THE OMBUDSMAN | NATIONAL CAPITAL REGION | COMPLAINT AFFIDAVIT We = the complainants = whose names and addresses are in Page 1 of this Complaint, citizens of the Philippines, of legal age, accuse the respondents administratively of serious dishonesty and/or gross neglect of duty. 1. We are aware that many other patriots are filing [will file] numerous: Complaints versus the same or similar powerful officials in the COMMISSION oN ELecTIONS (CoMELEC) and SMARTMATIC TOTAL INFORMATION MANAGEMENT OF y Corporation. We therefore focus our allegations on key election automation law provisions and brazen violations thereof for which the respon ra 2 liable either directly or pursuant to the principle of command responsibility. Taameaaae | VoD VIOLATION) ml ames Comelec from 1997 to 2019 or for the past 22 years has yet to start public consultations for drafting implementing rules. Comelec insists on using whimsical resolutions such Se ae as the prohibition against cameras which is contrary to Omnibus Election Code Section 179 which allows taking photographs of the proceedings and incidents during counting. The last bidding for election technology service was way back in Reform | year 2009 when Comelec gave ie Emartmatic a monopoly. No bidding was done for 2013 & 2016 & 2019. The entire database fell to hackers Secure Voter Data Base SSE epee 2019-04-08 IC i Source Code Review (SCR) 9-04-08 JCOC hearings disclose fatal gaps inthe SCR. Technical Evaluation Committee or ee a ee S| TEC certification was due on Feb 13] Tiny @ Copy & paste of quotable at least 3 months before elections, | Wotes from “Pro V&V" and other self-serving Comelec certifications. VoreR Vertriep Paper Aur Trai or | Voters had a fleeting moment to | WPA fesioe Verify a piece of Paper only but with | ‘ no Audit Trail. | Electronic Distal Signature System: |Comelec insists on using Wachine Oy Teles or|nuimbers chosen by | Smartmate | Inspector or Canvasser has a right to | instead of private alpha-numeri Ered and keep secret his/her | passcodes chosen by each individual | Iphanumeric passcode, Teller / Inspector / Canvasser. | contiqutey tc The breakdown of the Transparency | Server for 7 hours is Proof that | System Auditabili Comelec has no Continuity Plan | Comelec withheld the Audit Logs.Wits SA BACTA versus COMELEC & smarmatic offs 2013 oe iesOF the disastrous election technology failures in the 05-13 national and local elections: Page 3 of 4 Pages es i eres Soe seam may investigate but not prosecute the Comelec Manager Jose SH ssioners. However, Executive Director and Project Jurisdiction, He 7 Marundan Tolentino Jr is under Ombudsman Peso Folder ong as ormerly under suspension for the gargantuan “700 Million ‘older scam” per order of Ombudsman Merciditas Navarro Guttierez. 8. ree Ruy Teofisto E Elnas Jr is administratively lable for at least gross gealect of duty since he is the overall hands-on micromanager of the Comelec Smartmatic Preparations for the 13 May 2019 national and local elections. Likewise liable for at least gross neglect of duty is Director James Arthur B Jimenez for being a purveyor of fake news deodorizing the Comelec Smartmatic stench instead of simply telling the truth to the People. 4. Comelec press releases frantically downplay the failure statistics from a total of 85769 Vore Counrinc Machines (VCM) down to 1665 or 1.9% only for the "SD" or “Secure Digital” memory card failures and lower down to 961 or 1.1% only for VCM failures as of 13 May 2019. A report from the DEPARTMENT OF EDUCATION (DepEd) however mentions 1333 VCM breakdowns as of election day * which is 38.7% worse than the Comelec count for VCM malfunctions. Whose count is more accurate? Comelec or DepEd? At any rate, the average VCM flops in 2019 is worse by 220% in comparison with the 2016 statistics. 5. One percent (1%) error can enthrone and dethrone the last remaining slot/s in the Senatorial and Party List race as well as in local legislative bodies. 6. __ Statistical improbabilities deserve more extensive scrutiny such as the nullification of more than a million (1,170,331) senatorial votes due to the overvote syndrome which is an inherent defect of the Smartmatic technology.? Nowhere in Philippine law can we find any justification for nullifying the entire senatorial lineup just because of a single “overvote” in a Smartmatic system. 7. The NATIONAL MOVEMENT FOR FREE ELecTIONs (NAMFREL) has been Comelec’s “citizen arm” since 1984, NAMFREL wants COMELEC to lift the veil of secrecy * by at least opening the audit logs. An audit log is a public document. First world countries simply upload audit logs to the internet for review via “crowdsourcing” which allows any netizen worldwide to participate. 8. Colossal Comelec+Smartmatic electoral atrocities are too enormous to fit into a single complaint by a few complainants. We propose to the Horerstec OfFice oF THE OMBUDSMAN the creation of a Task Force that shall consolidate aj Comblaints against the Comelec+Smartmatic “riding in tandem” to care jomelec as an institution and stop the recidivistic multin| i democracy by a foreign entity, bie oe comer et + https://newsinto, Ingulrer.net/1119612/congress-to-probe-glitches Mims com ines/219/5/13191749244-atonetee pal 22 https://ph.n PS://ph.news, Yehoo.com/1-1m-votes-senators-nulified-082700830. html https: //wwwrw.marilatimes.net/lift-ve oF secrecynamfrel-tells-comelec/55576 Ti ilatimes.net/lit-veil -ynamfrel-tell al c/ 9