SPONSORSHIP SPEECH
Senator Richard J. Gordon
on Senate Bill No. 2231
(Amending Republic Act No. 8436
An Act Authorizing the Commission on Elections
to Use an Automated Election System)
Mr. President, it is the distinct honor of this representation and the Committee on Constitutional Amendments, Revision of Codes and Laws, to sponsor this Committee Report before this Chamber of the 13th Congress of the Republic of the Philippines at this crucial moment in our country's history. We are at a crossroads right now where our capability to keep our democracy is being tested.
Let us take a good look at our country today, Mr. President. We have a beleaguered President, President Gloria Macapagal-Arroyo, whose legitimacy in office has been put into question largely due to the "Hello Garci" tapes which remain, up to this day, neither resolved nor even adequately explained. In the middle of this all, President Arroyo instituted her Calibrated Preemptive Response (CPR), which has replaced maximum tolerance in the police dispersal of protest rallies and assemblies against her. She also issued Executive Order No. 464 (EO 464) to principally keep the Executive officials mum on the relevant issues facing her. Her general and wanton invocation of executive privilege through EO 464 continues to violate the principle of the co-equality of the branches of government and separation of powers. Presidential Proclamation No. 1017 declared the country to be in a State of Emergency after threats of a coup d'etat, prompting even more protests, that were broadcast in the international media, painting a picture of chaos and instability in the nation, scaring away potential investors and tourists. Civil society is in a constant state of unrest, rallying in the streets, calling for the President to step down. Administration representatives in Congress and some executive and local government officials are so pre-occupied with proposing Charter Change as a panacea to our problems that even the most basic responsibility of passing the budget has been relegated to the back burner. All of this happened because of the lack of credibility of the electoral process.
Mr. President, if we are to refer to the writings of John Locke and Jean Jacques Rosseau on the concept of a social contract, both thinkers believed that we once lived in a "state of nature" where every person had the freedom to do as they pleased. However, human beings decided to improve their lot by agreeing to create a political society and thus order human affairs more satisfactorily. They argued however, that a contract is only binding as long as all parties adhere to its terms, and these terms state that some people were given the right to rule on the condition that individual rights and liberties were maintained.
Mr. President, we are Asia's first democracy, and as such, one of the crucial rights upon which we are founded is the right to choose our leaders, the right to choose those who would be given the right to govern. But given this situation, our people do not seem to be enjoying the blessings of democracy and getting the leaders and the government that they deserve. At the very least, there is a strong sentiment that they are not getting the leaders that they chose because the electoral process has lost its integrity. If we cannot assure our people that they are governed by the leaders of their choice, can we genuinely say that we are able to promote the true values of democracy where sovereignty resides in the people and all government authority emanates from them expressed through their sacred right of suffrage? Today, our people are adrift in a state of complacency, cynicism and apathy.
Senate Bill No. 2231 addresses this question with a resounding YES. Our Constitution has intended for our people to enjoy "free, orderly, honest, peaceful, and credible elections." The government has the highest duty and responsibility to guarantee fair, transparent, and free elections, and I believe that this proposed policy will facilitate the efficient performance of this duty and perhaps turn the tide against the sea of cynicism.
Mr. President, the Committee on Constitutional Amendments, Revision of Codes and Laws, submits for the consideration of this Chamber, Senate Bill No. 2231 under Committee Report No. 58, entitled:
"AN ACT AMENDING REPUBLIC ACT NO. 8436, ENTITLED "AN ACT AUTHORIZING THE COMMISSION ON ELECTIONS TO USE AN AUTOMATED ELECTION SYSTEM IN THE MAY 11, 1998 NATIONAL OR LOCAL ELECTIONS AND IN SUBSEQUENT NATIONAL AND LOCAL ELECTORAL EXERCISES, PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES",
in substitution of the bills authored by Senators Edgardo Angara (Senate Bill No. 1069), Ralph G. Recto (Senate Bill No. 1371) and this representation (Senate Bill No. 1851).
At this juncture, Mr. President, the Committee would like to express its gratitude to the dedicated and knowledgeable men and women who helped craft this bill during the Technical Working Group Meetings.
Commissioner Dondi Mapa of the Commission on Information and Communication Technology who served as the Chairman of the TWG, Commissioner Rex Borra and Director Ernie del Rosario, former COMELEC Chairman Christian Monsod, and Atty. Rafael Olaño of the Commission on Elections, Mr. Tony Tinsay and Ms. Bing Van Tooren of the Philippine Computer Society, Mr. Jun Malacaman and Mr. Gus Lagman of the Information Technology Foundation of the Philippines, Secretary Estrella Alabastro, Undersecretary Fortunato dela Peña and Engr. Peter Banzon of the Department of Science and Technology, Mr. Raffy Saldaña of the Ateneo de Manila, Mr. Benjie Pineda of the Office of Senator Recto, and Atty. Cabaliw of the Office of Senator Angara, all gave valuable input in crafting this proposed legislation. We would also like to thank Senators Angara and Recto whose bills served as the basis of this proposed legislation.
Mr. President, Republic Act No. 8436, authorized the COMELEC to use an Automated Election System (AES) in accordance with the policy of the State to ensure free, orderly, honest, peaceful and credible elections, and assure the secrecy and sanctity of the ballot in order for the results of elections, plebiscites, referenda, and other electoral exercises to be fast, accurate and reflective of the genuine will of the people.
But to this day, R.A. 8436 has not been fully implemented, for two reasons.
First, the Supreme Court, in the case of Information Technology Foundation of the Philippines, et al. v. Comelec, et al., G.R. No. 159139, 13 January 2004, scrapped the billion-peso automated election contract awarded to Mega Pacific Consortium due to anomalous bidding, rendering the counting machines useless.
Second, the legislation was too specific that it almost decided for the COMELEC what machine to buy. Out of 57 companies who bought the bid specifications, only two submitted responsive bids due to the stringent requirements of the law particularly the requirement that the Counting Machine be an "optical scanning/mark-sense reading device or any similar advanced technology". This unduly limited the technology that may be used in the automation process and did not allow for flexibility in case of advancements.
Consequently, the May 2004 elections were done manually, from the voting to the canvassing of the results. The process was slow, tedious, and subject to criticism since the security of the electoral process and its capacity to preserve the sanctity of the ballot and the will of the electorate was put to question; a question that continues to haunt the credibility of the current administration to this day. This haunting question has placed the political, mental and psychological faculties of the entire country out of focus, which has resulted in political gridlock and system dysfunction.
Mr. President, this bill seeks to authorize the COMELEC, with the help of an Advisory Council and a Technological Ad Hoc Evaluation Committee, to use an Automated Election System that is technology-neutral with accompanying safeguards against tampering and electoral fraud in the 2007 national and local elections and subsequent electoral exercises.
It also aims to respond to the high incidence of voting irregularities consistently reported throughout our country, which is overwhelming, to say the least. Indeed, in Philippine elections, there are no losers - only the winners and the cheated. Hence, to address this perennial concern, Senate Bill No. 2231 declares that it is "the policy of the State to ensure free, orderly, honest, peaceful and credible electoral exercises, using an automated election system that will assure the secrecy and sanctity of the ballot in order that the results of elections, plebiscites, referenda and other electoral exercises shall be fast, accurate and reflective of the genuine will of the people." This law will ensure that the state policy to "ensure the sanctity and secrecy of the ballot" and "free, orderly, honest, peaceful, and credible elections" is not just an empty promise, but a concrete reality.
As such, Mr. President, let me now discuss the specific amendments proposed by our Committee.
Senate Bill No. 2231 provides for the use of an Automated Election System (AES), which is defined as a "system using appropriate technology for voting, counting, consolidating, canvassing, transmission of election results, and other processes in the conduct of electoral exercises." It expands the scope of the current automation law - Republic Act No. 8436 - by authorizing the use of an Automated Election System (AES) that is more flexible, using the most appropriate, applicable, and cost-effective technology available. It does not preclude any current or future technology. Flexibility is key, for it must be the best technology, not just the cheapest, but that which is practical, speedy, and cannot be trifled with.
It also provides for the secure ELECTRONIC TRANSMISSION of electoral results from the precinct level to Congress, the various Board of Canvassers, the parties, the accredited citizens' arm, and the media. This prevents wholesale cheating because tampering with the Certificates of Canvass will no longer be possible. The election returns and certificates of canvass transmitted electronically and digitally signed shall be considered as official election results and shall be used as basis for the proclamation of a candidate. This is a new feature not previously found in Republic Act No. 8436 and it addresses that part of the election process most vulnerable to wholesale cheating.
Mr. President, the greatest source of doubt in the credibility of any election is the number of hands that handle the ballot. If I may quote from former US Congressman Bob Shaffer, "There are many hands touching ballots after a voter drops his ballot into the ballot box. There is no guarantee of ballot secrecy for anyone, which makes the whole system vulnerable to intimidation and bribery." This Committee believes that an automated process will respond to this concern by limiting the amount of human handling of the ballots, through the use of technology, thus limiting the opportunities to tamper with them.
Automation also means speed, giving no time for the sore loser to tamper with the ballot. The longer the period between the time that the vote is cast and the time that the winners are announced, the greater the time and opportunity to tamper with the results. This leads to violent elections as losing candidates who feel the stab of every vote counted against him or her, begin to resort to extra-legal means to change the tide of their fate. The psychological effect of impending loss, and the shame of losing face prompt losing candidates to use guns, goons and gold to tamper with the ballot. Juxtapose this with the statesmanlike example set by Vice President Al Gore who gallantly conceded defeat to President-elect George W. Bush, during the 2000 US Presidential elections despite the imperfections of the electoral system. The point is, Mr. President, the absence of a reliable system that works robs every Filipino of the capability to be a statesman, and this is the fundamental reason why we cannot move forward.
For Filipino candidates, when guns, goons and gold prove inadequate, they resort to filing electoral protests, which clog our courts and the COMELEC. Millions of pesos are spent on resolving these cases, resources which are better spent addressing the immediate needs of the communities represented by these candidates, and addressing the requirements of the justice system. Losing candidates become perpetual roadblocks to the efforts of winning candidates, sowing animosity and disunity in the community.
There is simply no sportsmanship and civility in a slow count. This brings to mind the words of Knut Rockne, which is constantly repeated to us by the Jesuits in the Ateneo, as he called for sportsmanship in battle:
"Lord, in the battle that goes on through life, I ask for a field that is fair;
A chance that is equal with all in strife, and the courage to strive and to dare.
If I should win, let it be by the code, with my faith and my honor held high,
but if I should lose, let me stand by the road and cheer as the winner goes by."
With the technology that we have today, it is entirely possible for the results in every polling precinct to be automatically, simultaneously and electronically transmitted to the Board of Canvassers, the political parties and the media, so that results of the elections are known on election day itself.
We have also pre-empted the Americans by proposing a system with a voter-verifiable paper audit trail, in order to leap from the pitfalls of a dimples and hanging chads system.
Hence, in determining which election technology to use, it is vital that the technology chosen is the most APPROPRIATE, APPLICABLE, and COST-EFFECTIVE. Cost should not be the only determinant. It must be the best technology, which is practical, speedy, and cannot be trifled with.
This automation process must facilitate FASTER results, by using ballots as proof of votes already cast, through automation, as opposed to ballots counted manually.
It must also deliver FAIR and RELIABLE results by automating the process of transmitting the results, and requiring the System to ensure secure electronic transmission of encrypted election results.
The technology will be supported by the provision that among the three regular members of the board of election inspectors in every precinct, at least one shall be an "information technology-capable person, who is trained and certified to use the Automated Election System (AES)." Each Board of Canvassers shall also have as consultant an information technology expert trained and authorized to use the AES. For this purpose, the Comelec shall deputize information technology experts from government offices and agencies.
The bill also proposes the creation of an Advisory Council to review and recommend the most appropriate, applicable and cost-effective technology to be applied in the AES, and participate as non-voting members of the bidding and awards committee in the conduct of the bidding process for the AES.
The Advisory Council shall include one representative each from the Commission on Information and Communications Technology (CICT), the Department of Science and Technology (DOST), the Department of Education, the academe, three members from Philippine-based Information Communications Technology (ICT) professional organizations, and two members from non-governmental electoral reform organizations.
A Technical Ad Hoc Evaluation Committee shall be created to certify, not later than three months before the date of the electoral exercise, that the AES is operating properly, following the successful conduct of a field testing process in a mock election event in one or more cities and municipalities, and other tests.
The evaluation committee shall be composed of a representative each from the Senate, the House of Representatives, the Comelec, the CICT and the DOST.
The AES chosen must also provide for a contingency system in the event of a systems breakdown or ANY EVENTUALITY resulting in the delay, obstruction or non-performance of the system, as well as provide for the necessary safeguards to protect itself from fake or counterfeit ballots.
Mr. President, almost every Presidential election in our recent history has been fraught with allegations of cheating, which has divided our country and paralyzed our progress as a nation.
Former President Marcos declared himself to be the winner of the Presidential Snap Elections in 1986. The people disagreed and flocked to the streets resulting in the overthrow of his government in a bloodless revolution and installing former President Cory Aquino into the highest office in the land.
Our very esteemed colleague, Senator Miriam Defensor-Santiago protested the results of the 1992 Presidential Elections, which declared former President Ramos as the winner, a protest that she maintains to this day.
The nation had a brief respite when his opponents for the Presidency immediately conceded to former President Estrada's victory, which led to his quick proclamation.
But again, in 2004, the credibility of President Arroyo's victory was questioned by the opposition alleging that Mr. Fernando Poe Jr. was the real victor, an issue that remains unresolved to this day, an issue, which continues to haunt, divide and paralyze the Philippines as a nation.
And we are only speaking of the Presidential post here, Mr. President. Today, there are still many unresolved electoral protests for provincial and local positions still pending with the Commission on Elections and our courts from as far back as 2002. This is such a waste of time effort and money for the candidates, the COMELEC and our courts.
It is not enough that our elections are free, it must also be clean and must be perceived to be so. It is vital that every vote count, and that every vote be counted as cast; otherwise it will be in the results that we eventually pay, as we are paying now. In the words of Mr. Tom Stoppard, an English playwright, "Its not the voting that's democracy, it's the counting."
In the midst of all this chaos, Mr. President, majority of our population continue to live in poverty, the educational sector continues to suffer from shortages, prices continue to go up and our people continue to lose hope everyday. Instead of focusing on ways to attract investors, generate job opportunities and provide our people with a safe and stable environment that is conducive to progress, we have given them division and unrest.
Mr. President, the Committee believes that the passage of this law is crucial in bringing a new sense of civility and order in our country, and reinvigorating our democracy. It is more than just an Automation Law, it is a commitment to respecting the right of our people to choose those who will lead them. It is a launching pad for a renewed sense of unity among our countrymen through the assurance that the process through which they choose their leaders is clean, free and credible, and they believe it. Let us be united in trying to bring about transparent, free and clean elections.
Inasmuch as the doubt that has paralyzed our country emanated from the sentiment that the results of the elections were tampered with, substantial electoral reform through an Automated Election System will be a strong start towards once again building the confidence of our people in their government, arresting the spiral of cynicism and curbing the apathy brought about by the lack of faith in the integrity of the system.
Today, the government is at a standstill, and the Presidency and our nation is in a morass, because of the lack of credibility of our electoral process. This brings to mind the words of Benjamin Franklin in Poor Richard's Almanac:
"For the want of a nail, the shoe was lost; for the want of a shoe the horse was lost; and for the want of a horse the rider was lost, being overtaken and slain by the enemy, all for the want of care about a horseshoe nail."
When this law is passed - and I say when, not if - it then remains to be seen whether this country's leaders are as committed to clean, honest, fair, transparent, and peaceful elections as they say they are.
Our Constitution declares that sovereignty resides in the people and all government authority emanates from them. Therefore, it is our paramount duty to safeguard and improve the electoral system, and we will not waver in our commitment to protecting the sanctity of the democratic process, where fast and fair elections stand as its cornerstone. For, borrowing from the words of Abraham Lincoln, "the ballot is stronger than the bullet."
Our people have lost confidence in our country's ability to fairly and accurately run an election. That is simply unacceptable. Elections are the very fiber and bedrock of our democracy. Our people deserve elections they can trust using only best technology for voting as well as a reliable, secure, and credible electoral process.
There are those who would say that this is another exercise in futility, but to them I respond with a quote from St. Francis of Assisi, "Start by doing what's necessary; then do what's possible; and suddenly you are doing the impossible."
Let us begin with passing this law, Mr. President, because it is necessary to institute reform in our electoral system, to make it possible to restore our people's confidence in our country, in its governance, and in themselves, and finally achieve what seems impossible at this stage; creating a caring, compassionate, competitive, united, liberal, transformational, secure and successful Philippine society. It is for these reasons and the foregoing explanations, that the approval of this bill is earnestly sought.
Thank you, Mr. President.
