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Double, triple dipping

Last Monday , Yvonne Chua of VERA Files came out with a report about the gross lopsidedness of the Smartmatic-Total Information Management contract with the Commission on Elections for computerized elections next year.

VERA Files said Smartmatic-TIM will get close to P3 billion, or 40 percent of the contract amount of the P7.2 billion even before it delivers all the 82,200 counting machines to be used in the elections.

Bloggers in my site further dissected the contract which was posted by VERA Files in its site (www.verafiles.org). Their discoveries are startling.

Many of us assumed that because the deal is staggering (P7.2 billion!) we are buying the counting machines. No, no.

Tongue-twisted pointed out that Article 4 of the contract states that “Comelec shall pay the Provider the aggregate contract amount of Seven Billion One Hundred Ninety One Million Four Hundred Eighty Four Thousand Seven Hundred Thirty Nine Pesos

and Forty-Eight Centavos (Php7,191,484,739.48), exclusive of value-added tax, if any, for the lease of Goods and purchase of Services under this Contract.”

The word is “lease.” If we want to buy the machines, the contract says we can have it for an additional P2.13 billion.

Invectives flew fast and thick in my blogsite.

Saxnviolins said: “Comelec has option to buy (the counting machines) for an additional P2 billion. So the real cost of the contract is P9 billion, not P7 billion.

“If the machines stay in the RP after December 10, 2010, because of election protests, and the need for an audit, then they are considered to have been bought.

“P … (invective), puwede namang iwanan ang hard drive kung kailangan lang ng audit. Why buy the whole machine?”

Saxnviolins dissected the 40 percent advance:

“Project Initialization, Set up Project Management Team (PMT) and Project Systems including all SW licenses & firmware 10%.

“Gawa na ito, from the Venezuelan referendum. It takes a few lines of programming code to change the choices from Si o No in the Venezuelan referendum to Erap, Chiz, etc.

“Delivery of Development Set (20 units) 5%.

“Gawa na, courtesy of previous the Venezuelan referendum and other exercises. Besides, arkila lang, so ano ang binabayaran ng Comelec?

“Report on Transmission and Logistics 5%.

“Five percent of P7 billion for a report? Anak ng kap…(invective).

“Delivery of Functional System and Software Agreement 5%.

“Computerese. Hindi ba’t dapat kasama sa “Development set” ang software? Ano, computer na walang OS (operating system)? Double dipping ito.

“Delivery of EMS and CCS (HW, SW and Website) 5%.

“Website? Five percent of P7 billion? Paggawa mo sa Pana (Bombay) yan, TY yan, just to get your business. I know, yung kakilala ko, ginawan ng Indian company ng kanyang New York lawyer website. TY.

“Complete System Including Customization and Voter Education Materials Website 5%.

“Paki-sub-contract sa akin please. I can easily translate your Venezuelan manual to English, Tagalog, Ilocano, and fractured Cebuano.

“Field Testing, Mock Election, TEC Systems Certification, Training of Trainors 5%.

“You will certify your own equipment for another 5 percent? Triple dipping na. Mock elections? You are mocking our stupidity. We may be stupid, but not brain-dead.”

The delivery of functional system and software agreement which Comelec has to pay P360 million which Saxnviolins said is “double dipping” is like delivering a car without a wheel. You have to pay for the wheel to have the car running. Lokohan nga.

Florry summarized the deal: “Comelec finance the capital – 40%; Smartmatic-TIM purchase their machines, funds from Comelec; Smartmatic rents out their machines to the financier, Comelec; Option for the Comelec, the financier-to buy machines for another P2.13 billion.

“Wow, What a deal!”

Chi threw another invective: “Tangina…Huwag nang ituloy ang computerized elections, hindi pa nagsimula, ay talo na ang bayan!”

Published inelections2010Vera Files

84 Comments

  1. Well, look who’s doing the Dirty Work for the trapos and election fixers who are bent on junking automation! With that Ticking Time Bomb planted by Harry Roque for GMA/SCoRP to detonate any time between now and 2010, we only need the Vera Files and CenPeg to beat the drums of well-deserved distrust for Comelec before a TRO is issued. I guess Garci and Bedol are already applying for lots of celnums…and smiling benignly, if slysly at the Geniuses who are their Best Frenz.

  2. chi chi

    Mabuti na lang at napakagaling mag-dissect nitong si tongue at saxnviolins, at ilan pang mga residente ng Ellenville. Kumulo ng husto ang aking dugo sa Gloria-Abalos-Melo kontrata/koneksyon na ito ng maintindihan ko ng husto.

    Napakasarap isampal sa pagmumukha ng matandang Melo ang KOMOLEK-TIM-Smartmatic contract. Pareho ni Gloria, ang tingin sa pinoy ni Melo ay lahat stupido.

    Hindi makahintay ang mga hinayupak na ito. Hindi na itinatago ang pagkagarapal kapag tongpats ang usapan!

    Pilipinas kong Mahal, hanggang kailan ka nasa dilim?!

  3. mac estrada mac estrada

    djb,

    so the end (computerized elections) justifies the means (overpriced, proprietary counting system of questionable security and integrity) right?

    you’re defending computerization for computerization’s sake. analog cheating too cheap and low tech for you?

  4. Let’s do some arithmetic folks…There will be 82,500 or so PCOS machines to serve 250,000 precincts. Each one SHOULD be tested for hardware and software compliance before the elections. There are about 300 days left, which works out neatly to 275 machines per day (about one per hour 24/7) we should be testing between now and then.

    The sooner Comelec gets them, the worse off for Garci and Bedol. And leasing them is not really a bad idea. I’m sure if Comelec had decided to BUY them, local geniuses would have wanted them to LEASE first buy later. Now it’s just vice versa. But lease with option to buy after we try is smarter I would think.

    Oh and would people please read the actual Contract between Comelec and Smartmatic instead of second and third hand “analyses”…

    http://www.comelec.gov.ph/press_statements/2010natl_local/contract_toc.html

  5. Yeah Mac, the choice is not between Smartmatic automation and Gus Lagman automation. It’s between automation and the same old same old Dagdag Bawas.

    I think automation will reform Comelec much much faster than we can reform Comelec whilst keeping the manual election system. That would be like trying to cure a heroin addict whilst allowing him all the drugs he wants.

    Automation is the worst nightmare of withdrawal for the likes of Garci and Bedol. Why are the most unexpected people helping THEM junk automation?

  6. saxnviolins saxnviolins

    I am not against automation. I am against payment for nothing delivered.

    In earlier blogs, I referred to the Jimmy Carter Center assessment of Smartmatic’s technology, and how credible it is. But I doubt if Smartmatic’s technology will actually be deployed. Counting of votes is not the objective, but the counting of commissions.

  7. It is NOT in SmartMatic’s long term interest to have their system be cheated, compromised or to fail. Their track record of having counted only about 150 million votes in all the elections they have conducted (including some number of United States) would be greatly enhanced by a successful Philippine election involving 50 million voters and unlock a rich global market among democracies for automated election systems.

    But the POINT of automation is that in the end, the true test of an acceptable automated election system, is that thenceforward, we should not even have to TRUST the Comelec any more!

    FEW people yet appreciate what a revolution in our electoral democracy that accomplishment will represent, and why there should be, can be, ought not to be any going back to making suot sa lungga under Garci and Bedol’s tyrannical rule of the Sly.

  8. saxnviolins saxnviolins

    It is NOT in SmartMatic’s long term interest to have their system be cheated,

    I said the same thing, in an exchange with Tongue. But it is possible that this is being done without their agreement. Also, if the Philippine side withdraws, or cancels the contract, or some such, then it would not affect the Smartmatic brand, but would make the lining of Pinoy pockets a fait acompli.

    That may be the reason why there was a “dispute” between the Pinoy partners and Smartmatic. The sudden reconciliation may have ironed out this aspect, so that pockets would be lined, and a graceful exit would later be provided for Smartmatic.

  9. saxnviolins saxnviolins

    It is NOT in SmartMatic’s long term interest to have their system be cheated,

    Again, it is not the system or the automation itself that I am against, it is the financial shenanigans.

    I do want to have the precision and auditability that Smartmatic provided the Venezuelan referendum, which was favorably endorsed by the Jimmy Carter Center, and the EU.

  10. Dean, you give me the impression you have never signed a contract all your life much less participated in a competitive bidding in either seller or buyer side. I echo Mac Estrada’s observations.

  11. Bocobo gives the impression automated elections are “uncheatable”. I repost this link: http://www.facebook.com/ext/share.php?sid=121431808932&h=FJEs0&u=m3RiR&ref=nf

    It’s surely not in that supplier’s long-term interest to have their machines cheated, too. But it did happen anyway.

    And so it did in Baltimore, MD. Diebold’s whistleblower speaks: http://www.facebook.com/ext/share.php?sid=106775907909&h=coPli&u=vA_fW&ref=nf

    From low-tech Garci and Bedol clones, we are just probably upgrading into the Antunez-Aboitiz types.

    If we start on the wrong foot, e.g., lopsided economic aspects of the deal, what are we to expect from the technical aspect? THERE ARE NO technical specs attached to any of the SMARTMATIC-COMELEC contracts published online. It’s even more problematic now that Tita De Villa sounds like Smartmatic’s spokesperson.

    I will always be on the side of caution.

  12. Tongue,
    No, I don’t think automated systems are uncheatable. But there ARE automated systems that would be acceptable, even to folks around here. Take for example the banking system, the network of ATMs…these are not perfect systems but they are the kind of common ordinary thing that election automation ought to become.

    Again, the choice is not between automation and ideal automation, but between automation and Garci. Choose!

  13. Saxnviolins,
    Naturally we should be concerned about the financial shenanigans. But let’s not throw out the Baby with the Bath Water, or cut off our nose just to spite our face.

    I’m just amazed at how so many have walked into the GMA Trap…thumping their chests with how much they know about Linux and cryptography when a much simpler game was afoot…Now a lot of people I respect are doing her and Garci’s dirty work from them. Unwittingly.

  14. CAN Harry Roque even imagine how it would’ve looked if Oliver Lozano had filed the SCoRP case against automation instead of him and all those nice people at CenPeg?

  15. chi chi

    Those are just machines, they can be programmed to cheat according to the IT friends of mine. I believe them, they are expert computer engineers and programmers.

    I’m all for computerized elections but Melo disappoints me with the contract details. Kung kontrata lang lihis na what more of the aspect of technical implementation?

    Are we looking now at a Melonized elections?!

  16. Here is your consolation: In the end, I’m pretty certain that GMA, SCoRP and Garci will all agree with the Vera Files, Harry Roque and CenPeg. They will kill off the automation project in a glorious historic decision, (Roque v. Comelec) as one big corrupt, irregular deal, go back to manual and praise the vigilance of the Concerned Citizens… I’d say about 3 weeks after the SONA…

  17. perl perl

    mukhang MELOkohan na naman…

  18. perl perl

    chi – July 22, 2009 10:04 am

    Those are just machines, they can be programmed to cheat according to the IT friends of mine. I believe them, they are expert computer engineers and programmers.
    ======================================================
    Agree! But in our election automation law, the software to be used should be the same with the software they used in previous election. Each file has its own timestamp and signature. It can easily detect if they modify the software code. I just hope that there are some group that will check this matter.

  19. perl perl

    Automation election can be “uncheatable”. depende na lang satin kung papaloko tayo… depende na lang sa mga presidentiables… hindi din pwde aanga-anga… hindi din pwde tutulog-tulog… klangan magbantay… ang galamay ng demonyo.. parang bulate… kung san may butas… pipilit pumasok!

  20. mabini mabini

    Again, the choice is not between automation and ideal automation, but between automation and Garci. Choose!-DJB

    ______________________________________

    Let us not muddle the issue here. Ellen’s article is not about the issue of honest and credible election but the issue of dishonest and incredible deal between Comelec and Smartmatic-TIM.

  21. myrna myrna

    hindi magkakaroon ng mga ganitong discussions kung sa umpisa pa lang, naging transparent na ang lahat ng parties.

    at lalo na: kung hindi giba ang credibility ng comelec at pati na ni melo, et.al.

    lalong-lalo pa, kung ang pinakapinuno ng bansa ay credible. hindi sana nangyari ang lahat ng ito, kung hindi isang peke ang nakikitira sa malacanang.

    the name of the game is credibility + trust. parehong wala, so heto tayo ngayon….nagkakagulo. kawawang bansa.

  22. But there ARE automated systems that would be acceptable, even to folks around here. Take for example the banking system, the network of ATMs…these are not perfect systems but they are the kind of common ordinary thing that election automation ought to become.

    ATM software is the bread-and-butter of TIM, SMARTMATIC’s partner, their system is implemented by major banks already and that provided them some clout especially in this automation bid. But TIM’s record is not as squeaky-clean as you may imagine it to be. They deployed IBM’s software for the GSIS, only to find out that it won’t work with that humongous database, causing a crash in the GSIS system a month or two ago, putting on hold all benefits payments for a good full month.

    Automated elections may be a work in progress but damn, “experimenting” at this late stage just doesn’t make sense. Not when the 2010 polls is crucial to the transition from Gloria to whoever.

    I’m not a fan of Gus Lagman’s OES system either but I won’t be party to a deal that pays P7.2B for an automated failure.

  23. i am quite suprised bakit indi ma-gets nung commenter number 1 that the means (lopsided contract) does not justify the end (delivery of automated polls) and then blame people here that they work for the trapos and election fixers?! pwede bah!

    i don’t know if commenter number 1 is a regular here on Ellenville but if he is then he would have known that number one crap we fight for in here are mostly just that – mga bali-balikwang kontrata retardedly lopsided and disadvantageous sa mga kabarrio naten

    i guess commenter number 1 need to explain more para magetz ko ang nagetz nya na di ko magetz

  24. Let us not muddle the issue here. Ellen’s article is not about the issue of honest and credible election but the issue of dishonest and incredible deal between Comelec and Smartmatic-TIM.

    – Mabini

    Amen. You are abso-fuckin-lutely right.

  25. TonGuE-tWisTeD,

    to me it’s ok for commenter number 1 to muddle the issue because what’s he’s pushing is that it’s ok to be have a lopsided contract let’s just get this automation over!

    think how dysfunctional that is!!!

    but still you’re right! the issue here is the retarded deal!

  26. mabini mabini

    I’m just amazed at how so many have walked into the GMA Trap…thumping their chests with how much they know about Linux and cryptography when a much simpler game was afoot…Now a lot of people I respect are doing her and Garci’s dirty work from them. Unwittingly.- DJB
    ___________________________

    Had the 2004 election been automated courtesy of Mega-Pacific, does anyone here believe that GMA would have lost that election? Tell that to the Marines (pun intended). I am of the opinion that whether automated or manual, we would still have the same result, GMA winning by more or less 1 million votes. So what is a GMA trap?

  27. DJB, just to computerize the 2010 elections, it is okay even if the deal is overpriced and questionable. Gee, when will we ever learn? Kaya nga tuwang tuwa si boobuwit sa atin. She and her dogs are laughing all the way to the bank!

  28. I really hate that Linta and Garci but I hate the most is their boss which is Garci.

  29. mali nasabi ko sorry…

    i really mean

    I really hate that Linta and Garci but I hate the most is their boss which is the EvilBitch.

    The automated elections is hackable.

  30. mabini mabini

    I will always be on the side of caution. – Tongue
    ________________________

    Same sentiment here.

  31. We have to go back to the basic question of why we are holding elections. That is to exercise our right to choose who will lead us.

    Therefore, it is important that the election is honest and credible and truly reflects the will of the people.

    As I have said in previous columns, I agree that automation lessens the chances of fraud because as we have seen in the past elections, especially in the 2004 elections, manipulations of votes is most brazen in the manual canvassing.

    But this does not mean that automation is fraud-free or that one cannot minimize fraud in manual election. Everything depends on the leadership.

    If the leadership wants honest and credible elections, it can be done. We did it in 1998. The elections during Cory’s time were credible.

    But if the leadership is a cheat (which Gloria Arroyo is) and wants to cheat, manual or automated, the elections would be fraudulent.

  32. As pointed out by Mabini, Tongue, Reynz and others, the issue here is the fairness of unfairness of the contract between Smartmatic-TIM and Comelec.

    Election is an exercise that empowers people. How can a contract disadvantageous to the people reconcile with that?

  33. mabini mabini

    Election is an exercise that empowers people. How can a contract disadvantageous to the people reconcile with that? -Ellen
    ___________________________

    I could not agree more. Nadaya na nga sa bilangan, pati ba naman sa bilihan.

  34. Liwayway-Gawgaw Liwayway-Gawgaw

    I could not agree more. Nadaya na nga sa bilangan, pati ba naman sa bilihan. – mabini.

    Hindi pa nga nagkakabilihan, eh?

    Baka hindi pa nga nakokolekta ‘yung paunang bayad ay matagal na silang naghatihati.

    Sakaling magkabulilyasuhan, saang sulok ng impiyerno hahabulin ‘yung naipaunang bayad?

    Melokohan nga dito. Amoy na amoy Melon pa nga eh.

  35. norpil norpil

    in a way i agree with myrna, comment nr 21, that this boils down to credibility and trust which the present regime does not have.if only we can be sure that this is the last farewell of gma and company, the said amount is ok for as long as these group of bandits will not have any immunity afterwards for the crime they committed.for me it boils down not on the amount but on the machines reliablity. the honduran experience if true is very disconcerting but still we know that if the election is held in the same old fashion, we might get a replay of 2004.

  36. Hi Ellen,

    Have just been reading the comments and trying to make head and tail of them. As everyone rightly says here, automated voting does not mean foolproof voting.

    Let’s say for the sake of argument that the machines solidly infallible. My experience with automated voting in the last presidential election (where Smartmatic was used) was it was not always efficient — not so much because the machines were not good but because of the “complications” that went with using them. Many of the voters were new to the electronic gadget and took time fiddling with them. The result was delays and long arduous queues in many many precincts in France so that poll commissionners had to abandon their use halfway during election day and turned to manual voting.

    Most of the machines were in fact abandoned during the latter part of the election day and to think that France was only voting for a president (not parliamentary) hence only one name was supposed to be selected.

    If the electronic voting is to be used, it is essential to educate the RP voters now. Otherwise, those machines will fall by the wayside and you run the risk of going back to manual voting and counting mess that everyone wants to prevent (with the end result na pasok na naman sila Puno, Garci, Lintang Bedol et al… talo ang machina at ang Comelec!)

    With regard to the milestones of payments — they are bogstandard and are similar to bidding rules anywhere else. There is no question that there should be milestones but of course, we have to be careful about what those milestones require — in this case, it seems that COMELEC has been quite lenient with the suppliers.

    In my experience (again), government agencies are usually deliberately hard and difficult in exacting milestones requirements of suppliers, i.e., fulfillment of obligations and payments but it seems that in this case (based on what I briefly read at Vera Files), it is the other way around. The suppliers or service providers seem to be having it so easy. Something is definitely not above board there.

    (Believe me, I would have been happily working in Pinas still if had encountered the same set of easy obligations. The only contract that I signed with RP govt that was as easy as the COMELEC-SMARTMATIC contract was a cash and carry deal involving missiles for Malacanang; but contracts dealing with providing service as Smartmatic’s? Whoa… tough, tough…)

  37. Re: “Delivery of Development Set (20 units) 5%.

    WOW! Sino ang agent ng mga Smartmatic? Ang galing! 5% for delivery of development set of 20 units? Putangina… ang galing ng “ahente!”

  38. Bukang Liwayway Bukang Liwayway

    Palace, NSA hatching GMA Transition Council

    “…….National Security Adviser (NSA) Norberto Gonzales and administration allies are planning to engage in a “soft coup” involving the creation of a so-called Transition Council whose primary purpose is to draft a new Constitution by October this year, after which elections would be held, but would now be compelled to follow the new Constitution, thus legitimizing the council government, and with the support of the bishops….”

    http://tribune.net.ph/headlines/20090722hed1.html

    Baka nalilingat tayo. ‘Yung mga taga simbahan, baka matapalan na naman ng sobreng macapagal, este makapal ay magbago na naman ang tono bandang huli at sabihing si Lola Dapangdede ay isinugo ng diyos (nila) upang ibangon sa pagkakalugmok ang Pilipinas.

    Inaaaaang!!!!

  39. Bukang Liwayway Bukang Liwayway

    Ako pa rin ito, si LG.

    Dahil kasi sa mga kalokohan nitong si Lolo Meloslos ay nababanaag ko na ang dulo ng ating pagdudurusa.

    Unti unting nabubuksan ang isip ng iba nating mga kababayan at sa huli ay kasama na rin natin sila upang salubungin ang bagong bukang liwayway ng ating kasaysayan.

  40. Ee: “Report on Transmission and Logistics 5%.”

    This is where suppliers get a killing (and is usually the source of the “lagay” money. Smartmatic or not, that report is ALREADY ready and printed (having been used in other countries) and all they have to do is to change names, places, and dates… heheheh! 5% bayad kaagad! Ang galing!!!!!

    This system of report on transmission and logistics was used and perfected by Lockheed Martin in Pinas. Let me explain: Because of RICOH law in the US, defence contractors could no longer make direct lagay so how do you course the bribes legally? Simple! You ask your local partner to write reports (maski ano ang ilagay puwede even if report contains only pictures and totalling 10 pages) and then you pay millions of pesos (and sometimes in dolllars pa yang millions na yan) for those reports — pasok ngayon ang bribe money without it appearing as bribe money. That defence contractor has now fulfilled its financial promise to its “patrons” in Pinasin the most legal way possible.

  41. Re: “This is where suppliers get a killing (and is usually the source of the “lagay” money. Smartmatic or not, that report is ALREADY ready and printed (having been used in other countries)”

    By golly, that will be the most expensive photocopied documents you’ll ever see!

  42. Bukang Liwayway Bukang Liwayway

    Ahente ng Smart-atik?

    Itanong natin kay Darius Razon o kay Joey Ayala, baka kilala nila ‘yung gumawa ng kanta.

  43. Wouldn’t it have been possible for COMELEC to go for a straightforward build operate and lease (BOL) na lang so SMARTMATIC would have put in seed money? After all, Smartmatic is in a way, transferring technology and with Pinas opting for their technology, they will get the windfall eventually, i.e., Pinas being a showcase…

  44. Re: “that report is ALREADY ready and printed (having been used in other countries)”

    Heheh! We used to do that too (that’s how I know!)

  45. ellen,

    whatever Melo says or whatever anyone in COMELEC or in govt says about this contract being above board, i.e., walang lagay or influence peddler fee, aka “lagay” i don’t believe that 7 billion pesos will go straight to proponents aka smartmatic.

    That’s like saying you get to do business in Pinas without corruption… yeah, yeah! Pigs might fly… NO WAY!

  46. Well okay…after SCoRP junks automation in Roque v. Comelec, and you guyz prove how smart we all are, who do you think will be HAPPIER: the good gentle folks here at Ellenville, or Garci?

  47. Norpil,

    I think it is wrong to demand that we first have Comelec that we trust before we do automation because the promise of automation is to obsolete the necessity of trusting the election authority altogether!

    If you cannot imagine elections which do NOT require trust in the election authority, then you don’t “gets” the full potential of automation. Lots of people don’t.

    By forcing automation on Comelec, the cheaters like Garci and Bedol won’t have any bidnez related to elections, and will move on to other occupations.

    We cannot clean up the Augean Stables before electing our “fresh horses” because it is from the Filth there that the worst of the operators make their moolah and they have no motivation to change.

    Automation will change Comelec long before Comelec changes to the point where the folks at Ellenville TRUSTS it. (Is that even possible? — joke lang!)

    But automation can even change the way Filipinos regard elections. Take the simple case of the new ballot. No longer do voters have to laboriously write out the names of their chosen candidates and have their handwriting (a sure clue to their identities for their school teachers on the precinct BEI) deciphered for the tally.

    This simple “user interface change” will result in more voters voting because it is that much easier to use. Ticking off your choices on the ballot should take a tenth of the time to write out all the names, right?

  48. Dean,

    I agree with what you say virtually en toto with a caveat — there should be no glitches.

    In fairness to readers and commenters here, I believe most agree that there is a need to overhaul the entire election process. And the least defective or inefficient way is to automate the voting even under today’s set of COMELEC hoodlums.

    As I said earlier on, to make sure automated voting works efficiently, you must educate RP voters NOW…

  49. kabkab kabkab

    Habang walang matataas na mga opisyales na nakukulong dahil sa tong-patz … asahan niyo … hindi matatapos ang problema natin na ito. Yong iba diyan kahit matanda na tumutongpatz pa. Ang matindi pa sa ngayon ….. harap-harapan na.

  50. The issue raised under this thread is not so much the automation but the computation of costs and obligations… A rather legit concern, don’t you think?

  51. mac estrada mac estrada

    The possibility of having to hold manual elections where the results are basically in the hands of the election operators with as much moral integrity as burnt toast is as preferable as shoving a very large pineapple up one’s rear end.

    BUT if cheating happens in Smartmatic-TIM’s system, its going to be so technical any meaningful discussion may well be beyond the range of the common tao. I’m sure in the aftermath, comelec will simply hold numerous press conferences saying that the software accounting was above board, the encryption was bulletproof and we basically have to trust them even if it feels they’re driving a pointy stick right through our nuts.

    All malacanang has to do then is play the situation with a scandalous hidden video of a starlet churning butter and maybe another GMA medical condition like a herniated conscience.

    A garci-bedol type election is simply not an option but an automated system of questionable competence is certainly no solution either.

  52. “A garci-bedol type election is simply not an option but an automated system of questionable competence is certainly no solution either.”

    And therein lies your dilemma, folks!

  53. mabini mabini

    A garci-bedol type election is simply not an option but an automated system of questionable competence is certainly no solution either.- mac estrada
    _______________________________

    Simply put, we are caught between Gloria and the deep blue sea.

  54. @tita ellen, glad you liked my own la alta vista translation from “Si Senor” to “Opo, Ma’am” hehehe!

    @adebrux, it (contractual pricing) is truly is a legit concern.

    there’s no denying that all of us are well aware about the “end” of this project and that is, to arrest the years of terrible and ridiculous counting and election protest to the point of wrestling the will of the people and proclaim fake candidates in position and hold on to powers that’s not theirs. and yes! there cannot be any glitches whatsoever!

    but at the same time, we all should be aware that this incident truly showed once again what we all know, what World Bank knows, what every sane and reasonable Pinoy person knows that our government contracting procedures and how it’s drawn is totally fkd-up and to this day, there seemed to be no improvements whatsoever! if it is, was it done in all expediency as not to look into the process itself?! now, that’s depending on what your definition of what process.

    so the next question becomes, who wrote the contract? who negotiated the contracts? how was it drawn? i believe that the thinking, negotiating and drawing of the contract itself to it’s awarding becomes the picture now and no longer the end for even if it serves the end, sinabi na nga dun sa previous entry ni Tita Ellen that you cannot make any short-cut of the law.

    this is the bigger picture in this deal. the ghosts of the past continue to swirl into every contracts.

    *bow*

  55. Kung sa garapalang kawalanghiyaan sa kontrata wala tayong magawa, sa garapalan pa kayang dayaan sa actual na bilangan?
    The machines will only be as reliable as the men operating it. Kilala ba natin sila? At, nakalimutan na ba natin ang matagumpay na refrain ng asawa ni Sharon na “Noted, Noted!” Di ba ang ginawa lang natin para makaganti ay ang ihalal siya bilang isang Senador?

    Tama ba ang sinabi ni DJB na ang pagpipilian lang natin ay ang solo ni Melon na “Meron Meron Sinta” o ang duet nina Garci’t Bedol na “Dagdag-bawas Days are Here Again?” Di ba possibility rin ang repeat ng “Bagong Lipunan Hymn” with Imp as head, or as headless?

  56. It won’t be long before someone pulls out the well worn slogan that “we must be VIGILANT”–in response to the prospect of yet another manual election, (thanks to Harry Roque: from Bedol and Garci).

    It seems when there is nothing else we can do, we make loud calls for “vigilance.” It’s the fault of the manual election system.

    But Vigilance is for vultures, and the voters always the Dead Meat! Automation is designed to largely obsolete the literal need for vigilance, especially the eternal variety, mainly because there isn’t enough patriotism or dedication or honesty to watch over 50 million ballots with up to a hundred names handwritten on them. There just ain’t! Another manual election would just be another cause for raucous complaint and ardent calls for Revolution.

    The manual election system is physically and logically incapable of securing the sanctity and secrecy of the ballot (as demanded by the Constitution) — but I thought we already knew that!

    Why does anyone think that manual is still a viable option? Because of “vigilance”?

  57. I submit that the task of automating our elections requires the effort of a Revolution. We seriously underestimate the determined opposition to automation and the resolute intention to prevent its implementation.

    I piped in here at Ellenville only to say that most of you just don’t know how happy you are making Garci and Bedol. And how amused!

    Nuff said, wouldn’t wanna be accused of disturbing the peace…

  58. ron ron

    ito lang masasabi ko, ke me automation or manual election me DAGDAG – BAWAS pa rin na magaganap sa 2010.

  59. Mahirap bang intindihin? The choice is not between manual and automated election systems. Hindi komo automated ay okay na. Conversely, hindi naman komo manual ay masama na. Ito ang theory. Ang totoo ay ano?

    Wasak na pareho ang dalawang sistema. Hindi naman exsaktong sina Garci’ Bedol ang sumira sa manual. Hindi rin exsaktong si Melo ang sumira ng automation dahil sa apparently onerous contract. Pero, hindi na mahalaga sa ngayon kung sino ang may sala. Ang mahalaga’y ano ang mga posibilidad na mangyari.

    Magkakaroon ng failure of elections na sasamantalahin ng kampo ni Imp para itayo ang sinasabi ni NGonzales na transition government. Iyan ay kung hindi sila mauunahan ng ibang kampo na nagbabalak din na magtayo ng revolutionary government. Hindi tayo magagaya sa Iran o Honduras. Baka lang mas masahol pa!

  60. that most of you just don’t know how happy you are making Garci and Bedol.

    we might be making them happy and GAY but not for the twisted things for which they have been a part of! our concerns about contractual obligations are legitimate and is completely off tangent to what you have been insinuating and oh by the way…

    Why does anyone think that manual is still a viable option?

    i don’t think there is one sould here at Ellenville who thinks that manual counting is the viable option! what’s blatant is what was dissected by the readers here – you seem to be thinking that – ok, let’s just pass on to this kasi we must have otomeyted counting

    WHAT GIVES?!

  61. Ang sinasabi kong wasak ay ang kredibilidad ng halalan sa atin, mapa-manual man o automated. Ito ang sinasabi ni kaibigang Ron. Malamang na ito rin ang sintimiyento ng karamihan.

    Hindi dapat mabahala si DJB na babalik pa tayo sa manual. Hindi na ito papayagan ng kampo ni Imp, at maging ng iba pang mga kampo. Kung hindi naging katanggap-tanggap ang automation ito ay dahil sa COMELEC mismo at hindi dahil kay Atty. Roque o sa Ellenville. Dahil dito, malamang na iba na ang mangyayari.

    Ano nga ba ang malamang na mangyari? Ano ba ang dapat nating gawin?

  62. norpil norpil

    djb:you may have a point in disagreeing on the necessity of a trustworthy regime to run an election because of the predicament we are in. in general however, elections are based on trust if not on the possibility of checks and counterchecks.automation also has many levels.i have not voted in the level of automation supposed to be used in pinas but automation is also use here in norway with results within a few hours after the closing of the precincts.the system as described by adb above, seems to me a very advanced one but when used in france failed. toungue gave a link on the honduras experience where election was finished before it started. i think this regime has maneuvered its position in such a way that they win regardless.in this sense i agree with you that there is no use to be vigilant.

  63. saxnviolins saxnviolins

    Joke time. Masyadong mainit ang usapan.

    8.1 Within three (3) days from receipt by the PROVIDER of the formal Notice of Award from COMELEC, the PROVIDER shall furnish COMELEC with a Performance Security in an amount equivalent to five percent (5%) of the Contract Amount; which Performance Security as of this date has been duly received by COMELEC.

    Within seven (7) days from delivery by the PROVIDER to COMELEC of the Over-all Project Management Report after successful conduct of the May 10, 2010 elections, COMELEC shall release to the PROVIDER the above-mentioned Performance Security without need of demand.

    Five percent ang bond to secure the performance. Only if you deliver, will we release the bond. Naku nanakot pa.

    Eh forty percent na ang babayarang advance. You think the loss of the five percent would be a deterrent to non-performance? Akala ko ba kami ang stupid.

  64. Your Majesty Reyna Elena,

    Absolutely, unarguably very very spot on ka!

    “but at the same time, we all should be aware that this incident truly showed once again what we all know, what World Bank knows, what every sane and reasonable Pinoy person knows that our government contracting procedures and how it’s drawn is totally fkd-up and to this day, there seemed to be no improvements whatsoever! if it is, was it done in all expediency as not to look into the process itself?! now, that’s depending on what your definition of what process.” — Reyna Elena

    And if I may add, to your “if it is, was it done in all expediency as not to look into the process itself?” — done in earnest corruption expediency yan, walang doubt ako na maraming magiging millionaires again diyan sa kontrata na yan, RP officials or soulmates of those officials who have no business making not one darn cent out of govt contracts.

  65. “Five percent ang bond to secure the performance.”

    Wow!

    Eh paano naman, most of he 40% received kasi ay napunta na sa mga influence peddlers et al… kaya they negotiated for a lower bond. Hah! Ang galing talaga ng ahente ng mga lintik na Smartmatic sa Pinas. (How I wish I had the same ahentes when I was still in charge of Pinas for the company I used to work for…)

  66. chi chi

    It’s not the automated election, it’s the anomalous contract!

    If we cannot trust the people who prepared and signed the contract, how can we trust them to deliver an honest result?

    It is not just for the sake of ‘moving on’, we have to make sure, or as tongue aptly put it “cautious”, that we do the moving right. Otherwise, we would be moving in Gloria’s ‘circle’ forever. Sad!

  67. And to think that the local partner didn’t have the profile to undertake this enormous project (I think it was Tongue who wrote about it)…

    I have a suspicion that the pricing was jacked up to 7bn pesos in order to accomodate fees to various service providers (plural yan ha!) eg., influence peddlers, politicians, their cohorts, escorts, consorts, etc.

    Siyempre, during evaluation time (you know with a view to making that due diligence report), may mga invitations abroad to see how these machines function, and naturally they were planed, hoteled, wined, fed, danced, gifted, etc… so smartmatic had to put in those costs in the pricing — akala siguro ng mga alalay sa COMELEC gratis et amore, hah! NO WAY!!!

    No such thing as a free lunch as far as foreign suppliers are concerned!

  68. Chi,

    “If we cannot trust the people who prepared and signed the contract, how can we trust them to deliver an honest result?”

    To DJB, it’s “bahala na” lang yata…

  69. Balweg Balweg

    Absolutely correct Mabini…walang tulak-kabigin ang Pinoy, mapa-manual ang bilangan…nandiyan si hello garci, heto gustong maging high tech ang cygarci…solve ang problema ng mga kurap, kaya nilang dayain muli ang Pinoy sa ilang iglap unlike noon ang daming bayaran.

  70. Balweg Balweg

    Ang totoo ay ano?

    Taxj…..Transparency! Walang problema ang Pinoy sa programa ng Comelecta to modernize ang bilangan at advancement ito ng isang bansa sapagka’t state-of-the-art counting machine ang gagamitin dito.

    Ang problema…walang silang time table sa kanilang modernization program, common sense…less than a year saka palang ilalatag ang procurement ng automated machine?

    Ano sila mga robot…kailangan dito e manpower para to manage ang installation and commissioning ng mga machine + yong End-users technical knowhow and training sa operation ng machine.

    Procurement palang e inaabot na ng buwan ang processing nito, paano pa yong delivery sa respective sites, installation/commissioning, training ng Endusers and finally yong after sale service nito (ilang years ang covered ng warranty period).

  71. Balweg Balweg

    ARTICLE 4 CONTRACT FEE AND PAYMENT
    4.1 CONTRACT AMOUNT

    COMELEC shall pay the PROVIDER the aggregate contract
    amount of Seven Billion One Hundred Ninety One Million Four Hundred Eighty Four Thousand Seven Hundred Thirty Nine Pesos
    and Forty-Eight Centavos (Php7,191,484,739.48), exclusive of
    vaIue-added tax, if any, for the lease of Goods & purchase of Services under this Contract.

    Ito pala ang ipinagmamalaki ng Comelecta…for the lease of Goods and purchase of Services?

    For 7.1B pesos ang contract fees sa lease ng mga automated machine and purchase of services, after ng 2010 eleksyon balik na uli natin ito sa SmartATIK, kasi tapos na yong kontrata.

    Pag gusto naman bilhin ni Melo yaong machine e magbayad muna siya ng 2.1B pesos?

    Ang laking pera…masyadong maluho ang rehimi sa paggastos? Di ba lately, may attack dog sa Malacanang na nagwika na ipagbawal daw yong magarbong piestahan at magcelebrate na lang daw ng simple upang makatipid ang Pinoy?

    Nasaan yong logic ng mga tigulang…wala akong makita? Paki esplika naman mga igan….? Nakakapundi ng kukote!

  72. Mawawala si Garci at Bedol, mapapalitan ng IT hackers! This time, cheating in minutes! We really can not trust the boobuwit and her “comolek”. It is more of a trust issue more than anything. The boobuwit is known to have lied and lied again, stole not just the votes but the money of the people by getting tongpats in all BIG transactions. Her bribing everyone to get her way in all her transactions must have to be fueled by money gotten from somewhere. The election computerization cost billions. A great source of election bribe money. One can not trust a CHEATER!

  73. Kinikilabutan ako pag naaalala ko kung ano ang unang naging papel ni Melo sa gobyernong ito ni Putot.

    Naaalala pa ba ninyo yung tinatawag na MELO COMMISSION?

    Lintek, 40% downpayment pala ang ibig sabihin ng letseng yun!

  74. Toungue, was that the “komisyon” formed by boobuwit in reply to the Aniston report? Wow, bilyon pala ang talent fee ni MELOn tongpats!

  75. saxnviolins saxnviolins

    Melo Commission? The report is a piece of junk.

    The members, by the way, were Melo, NBI’s Mantaring, JOVENCITO R. ZUÑO, Juan de Dios Pablos of Butuan, and Nelia Gonzalez, who, according to sources from the UP administration, is Mrs. Arroyo’s protege and mole in the powerful Board of Regents (Bulatlat).

  76. sax,
    Bishop Juan De Dios Diablos, este, Pueblos, pala, ang tamang pangalan. Siya yung fixer ng kaso ng Sulpicio Lines/Princess of the Stars na lumunod sa daan-daang tao. Inilakad niya kay Pandak na payagang muling bumiyahe ang mga barko ni Edward Go dahil “naghihirap” na raw ang pamilya Go. Siya din ang dahilan upang ang auxiliary bishop ng Butuan ay NAG-RETIRE sa edad na 61 sa halip na 75.

  77. 82,200 counting machines to be delivered?

    Hmmm… more than 82,000 machines to count flying voters, dead voters, non-existing voters, etc. So how will this new technology change the dagdag-bawas system that’s been perfected by this administration? I want to know.

  78. chi chi

    Anna, mapapadali ang dagdag-bawas under the melonized system and the Komolek will not have to proclaim the presidential winner “like a thief in the night”.

    Tongue, mahirap ang nasa bundok, please remind me…what was that Melo Commission (aside from the 40%) all about?

  79. saxnviolins saxnviolins

    chi:

    The Melo Commission was supposed to investigate the extrajudicial killings adverted to by Philip Alston of the UN. It produced an 84-page piece of junk. The first third was statement gathering, from Razon, Esperon, Palparan, and other military men, then statement gathering from the media, and some peasants in Davao.

    The last third is some crappy talumpati about the Constitution, the military, and trying to be readable ek-ek.

    Wala nang mas baduy pa kesa sa abogadong trying hard to be eloquent, or reaching for the quotable quote; whether litigation lawyer, or a justice of the Supreme Court. This report has gobs of contrived literary manure.

    There is even the stupid gratuitous statement that the CPP-NPA have killed more than the military. Even if this were true, so what? The job was to investigate extrajudicial killings and any involvement of the military.

    The first three pages were the obligatory paean to the Glue, and how she was “understandably alarmed by these killings, created this Commission”.

    You want legal/literary manure, the report is available here:

    http://74.125.95.132/search?q=cache:ube1YqMFZ18J:www.pinoyhr.net/reports/meloreport.pdf+melo+commission+report&cd=2&hl=en&ct=clnk&gl=us

    I went for the html version, because the pdf version takes ages to download.

  80. chi chi

    Many thanks, atty.

    Sige, basahin ko ang crap na yan para hindi ako mahuli sa uulitin.

  81. Sax,

    Kung ang track record pala ni Melo sa Melon/Meron Commission ang pagbabasehan, alam na natin kung bakit siya ang inilagay sa COMELEC. Alam na rin natin kung bakit ginawang ganoon ang kontrata. At alam na rin natin ang kanilang plano. Ano nga ba ‘yon?

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