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May 15, 2019

LIVE: POST ELECTION QUESTIONS

Kapihan sa Manila Bay

Hosted by Marichu Villanueva, Columnist & Editor of the Philippine Star
Cafe Adriatico, Remedios Circle, Malate, Manila
May 15, 2019
9:30 a.m. – 11:00 a.m.

Guests:

Election lawyers Romy Macalintal and George Garcia

Issue:

Post Election issues and concerns


This video will be broadcast live on our facebook page and website.
Got questions for the speakers? Send them through our social media accounts.
(Editor’s note: The starting time may change due to scheduling constraints.)


Gallery:


Highlights:

  • Atty. Macalintal:

    • I only accept meritorious cases.
    • If it is a losing case, I advise the client not to continue.
    • I have never broken my client relationship with the VP. Now that I am out of politics, I will be meeting with our legal team this afternoon.
    • PET update: Tapos na recount. Now we need to present evidence. There were 27 provinces protested by BBM. Only 3 were counted. He got 3 pilot provinces for partial determination for the protest of BBM.
    • On debates: Mga botante natin hindi pa handa na pag-aralan ang mga kandidatong tumatakbo.
    • Dapat siguro magkaroon tayo ng voters education program, lalo na habang bata pa. Dapat high school pa lang, tinuturo natin sa kanila ang kahalagahan ng pagboto. They should know that they are casting their votes not just for themselves but for other people who cannot vote.
    • Our COMELEC commissioners should be active. The spokesperson lumalabas lang pag may problema. The commissioner’s job is to provide voters education. Dapat kahit walang election, tuloy-tuloy ang voters education.
    • I support full automation not hybrid. Kapag pinakelamanan ng tao yung precinct vote, you can no longer trust the vote. The votes would be tampered with.
    • The transmission of the results is accurate. Mas mabigat ang mga glitches kapat manual ang ginawang election.
    • Siguro surveys should be done at the start of the campaign period.
    • On last Monday’s glitch: At least sa local level tuloy tuloy yung transmission – sa board of canvassers.
    • Why did COMELEC pay 1.2B for the VVRS for pilot testing? They bought more than 50% subalit pumalpak. The faulty SD cards and marking pens, dapat binalik yan. Dapat COA should look into this.
    • On Comelec stalling when deciding cases: Upon petition, when it isn’t meritorious, it should be dismissed immediately. Hindi lahat tinatanggap.
    • We bought a lot of vote counting machines, where are they now? proper inventories and accounting is important.
    • Testing and preparation of the process, including the machines, should be done a year before the polls.

    Atty: Garcia

    • Bakit yung mga SD cards natin poor quality? Why was it accepted? The VVRS: madaming pumalpak dahil hindi na gumagana. May mga SD cards na corrupted. Maraming local candidates na hindi ma proclaim dahil sa corrupt na SD cards.
    • It took us 7 hours to wait for the transparency server to transmit to the press server. Once that kind of lag happens, it casts doubt on the results. I was there during the initialization of the machines.
    • The commissioners didn’t even try to assure the public. This affects the integrity of the results.
    • Smartmatic leased the machine to us at a high price and they would sell it to us at a low price.
    • Dagdag-bawas is not at the precinct level not at the computerized voting. There’s no proof of a preprogrammed machine. Dagdag-bawas cheating happens during the consolidation of votes during the manual elections.
    • Transmitting should be computerized.
    • 2022 elections: why do we allow the machines to expire before testing them? We should test them before it expires so it can be replaced by a new one. Another is to ask what happened to the defective machines?
    • Sometimes the case is not legal but political. There are clients who protest because they want to know why they really lost. It was no longer about ‘winning’. It’s knowing what they did wrong so they won’t repeat it.
    • Comelec is not the only one at fault. Pati Congress. They have to amend the election omnibus code. Panahon pa ni Marcos yun. Manual pa election noon..ginagamit natin ang batas na iyan to apply sa automated. Let Comelec handle the administrative part. Let another body handle the law and regulations.
    • Because of the absence of laws, the Comelec ends up creating rules  to fill up the gap. Only congress can define an act as a crime and give its proper punishment, not Comelec.
    • For example. Oct – Feb, after filing for candidacy, these candidates are not considered “candidates”. The SC had to define it. That’s why there were those who came out with ads during that time period.They can’t be prosecuted because they’re not considered candidates yet.
    • All radio/TV stations report weekly to Comelec. It should balance out with the candidates’ SOCE.



 

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