House Committee on Suffrage: Minutes of hearings on electoral fraud

Halalang Marangal (HALAL) managed to get the minutes of the hearings being conducted by the House Committee on Suffrage on the May 10, 2010 elections and the fraud allegedly committed to tamper with the results.

The minutes are all in PDF files, so you need to download them first, then use a PDF viewer to read the files.

Download the files here.

2 Comments

  1. Michael Schofield
    Posted May 29, 2010 at 12:08 pm | Permalink

    AUTHENTICATION AND DUE EXECUTION OF CERTIFICATES OF CANVASS BY CONGRESS AS THE NATIONAL BOARD OF CANVASSERS FOR THE PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTION

    Guidelines to determine the authenticity and due execution of Certificates of Canvass of PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS
    1. Determination of authenticity and due should be in accordance with the law and not merely in accordance with rules of Congress on canvassing. It should be in accordance with a law passed by Congress and signed by the President. It should not be just in accordance internal rules of the Congress on canvassing. (Constitution Section 4, Article VII)
    2. COCs should be electronically transmitted. (RA 9369 Section 20)
    3. COCs should be digitally signed. (RA 9369 Section 20) – the Chairman of the district or provincial Board of Canvassers or the city board of canvassers of those cities which comprise one or more legislative districts shall electronically transmit the certificates of canvass to the Commission sitting as the national board of canvassers for senators and party-list representatives and to the Congress as the National Board of Canvassers for the president and vice president, directed to the President of the Senate. XXXX
    “The certificates of canvass transmitted electronically and digitally signed shall be considered as official election results and shall be used as the basis for the proclamation of a winning candidate.”

    4. What is the meaning digitally signed in accordance with the law?
    Section 1 (f) of the Supreme Court on Rules on Electronic Evidence – “Digitally signed” refers to an electronic document or electronic data message bearing a DIGITAL SIGNATURE VERIFIED BY THE PUBLIC KEY LISTED IN A CERTIFICATE.
    5. What is a digital signature?
    Section 1 (e) of the Supreme Rules on Electronic Evidence “Digital Signature” refers to an electronic signature consisting of a transformation of an electronic document or an electronic data message using an asymmetric or public cryptosystem such that a person having the initial untransformed electronic document and the signer’s public key can accurately determine:

    (i) whether the transformation was created using the private key that corresponds to the signer’s public key; and
    (ii) whether the initial electronic document had been altered after the transformation was made.
    6. What should be present in order that the digital signature complies with the definition of the Supreme Court Rules on Electronic Evidence?
    A. An electronic signature refers to any distinctive mark, characteristics and/or sound in electronic form. Representing the identity of a person and attached to or logically associated with the electronic data message or electronic document or any methodology or procedure employed or adopted by a person and executed or adopted by such person with the intention of authenticating, signing or approving an electronic data message or electronic document. For purposes of these Rules, an electronic signature includes digital signatures.
    B. The digital signature consists of a transformation of an electronic document or an electronic data message using an asymmetric or public cryptosystem. “Asymmetric or public cryptosystem” means a system capable of generating a secure key pair, consisting of a private key for creating a digital signature, and a public key for verifying the digital signature.
    C. The digital signature has a “Key Pair” in an asymmetric cryptosystem refers to the private key and its mathematically related public key such that the latter can verify the digital signature that the former creates.
    D. The digital signature has a “Private Key” which refers to the key of a key pair used to create a digital signature.
    E. The digital signature has “Public Key” which refers to the key of a key pair used to verify a digital signature.

    4. SEC. 25 of RA 9369. A new Section 30 is hereby provided to read as follows:
    “Sec. 30. Authentication of Electronically Transmitted Election Results. – The manner of determining the authenticity and due execution of the certificates shall conform with the provisions of Republic Act No. 7166 as may be supplemented or modified by the provisions of this Act, where applicable, by appropriate authentication and certification procedures for electronic data, electronic documents and electronic signatures as provided in Republic Act No. 8792 as well as the rules promulgated by the Supreme Court pursuant thereto.”

    5. Section 30 of RA 7166. Congress as the National Board of Canvassers for the Election of President and Vice-President: Determination of Authenticity and Due Execution of Certificates of Canvass. – Congress shall determine the authenticity and due execution of the certificate of canvass for President and Vice-President as accomplished and transmitted to it by the local boards of canvassers, on a showing that:
    A. each certificate of canvass was executed and signed by the chairman and members of the board of canvassers and transmitted or caused to be transmitted to Congress by them; (SO EACH MEMBER SHOULD DIGITALLY SIGN)
    B. each certificate of canvass contains the names of all of the candidates for President and Vice-President and their corresponding votes in words and in figures;
    C. there exists no discrepancy in other authentic copies of the certificate of canvass or discrepancy in the votes of any candidate in words and figures in the certificate.
    6. RA 8792 – E-Commerce Act
    Section 11. Authentication of Electronic Data Messages and Electronic Documents.- Until the Supreme Court by appropriate rules shall have so provided, electronic documents, electronic data messages and electronic signatures, shall be authenticated by demonstrating, substantiating and validating a claimed identity of a user, device, or another entity is an information or communication system, among other ways, as follows –

    Discussion of Important Laws
    1987 Constitution
    Art. VIII Section 4. The President and the Vice-President shall be elected by direct vote of the people for a term of six years which shall begin at noon on the thirtieth day of June next following the day of the election and shall end at noon of the same date, six years thereafter. The President shall not be eligible for any re-election. No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time.
    No Vice-President shall serve for more than two successive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of the service for the full term for which he was elected.
    Unless otherwise provided by law, the regular election for President and Vice-President shall be held on the second Monday of May.
    The returns of every election for President and Vice-President, duly certified by the board of canvassers of each province or city, shall be transmitted to the Congress, directed to the President of the Senate. Upon receipt of the certificates of canvass, the President of the Senate shall, not later than thirty days after the day of the election, open all the certificates in the presence of the Senate and the House of Representatives in joint public session, and the Congress, upon determination of the authenticity and due execution thereof in the manner provided by law, canvass the votes.
    The person having the highest number of votes shall be proclaimed elected, but in case two or more shall have an equal and highest number of votes, one of them shall forthwith be chosen by the vote of a majority of all the Members of both Houses of the Congress, voting separately.
    The Congress shall promulgate its rules for the canvassing of the certificates.
    The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the election, returns, and qualifications of the President or Vice-President, and may promulgate its rules for the purpose.
    Comment
    The determination of the authenticity and due execution of the certificates of canvass should be in the manner provided by law.
    Congress can promulgate rules for canvassing but the determination of the authenticity and due execution should be in the manner provided by law. Congress cannot promulgate its own rules in determining the authenticity and due execution of the COCs.
    Now what is the manner provided by law for determination of the authenticity and due execution of COCs?

    RA 9369 amending RA 8436 (Automated Election Law)
    SEC. 20 of RA 9369. Section 21 of Republic Act No. 8436 is hereby amended to read as follows:
    “SEC. 25. Canvassing by Provincial, City, District and Municipal Boards of Canvassers. –
    “Within one hour after the canvassing, the Chairman of the district or provincial Board of Canvassers or the city board of canvassers of those cities which comprise one or more legislative districts shall electronically transmit the certificates of canvass to the Commission sitting as the national board of canvassers for senators and party-list representatives and to the Congress as the National Board of Canvassers for the president and vice president, directed to the President of the Senate.

    “The Commission shall adopt adequate and effective measures to preserve the integrity of the certificates of canvass transmitted electronically and the results in the storage devices at the various levels of the boards of canvassers.
    “The certificates of canvass transmitted electronically and digitally signed shall be considered as official election results and shall be used as the basis for the proclamation of a winning candidate.”
    Comment
    The law requires the Provincial Board of Canvassers to electronically transmit the certificates of canvass to Congress and the COCs transmitted electronically and digitally signed shall be considered as the official election results and shall be used as the basis for the proclamation of a winning candidate.
    So the COCs to be transmitted by PBOCs should be electronically transmitted and DIGITALLY SIGNED.

    SEC. 23 of RA 9369. Section 24 of Republic Act No. 8436 is hereby amended to read as follows:
    “SEC. 28. Congress as the National Board of Canvassers for President and Vice-President. – The Senate and the House of Representatives in joint public session shall compose the national board of canvassers for president and vice-president. The certificate of canvass for president and vice-president duly certified by the board of canvassers of each province or city, shall be electronically transmitted to the Congress, directed to the president of the Senate. Upon receipt of the certificates of canvass, the President of the Senate shall, not later than thirty (30) days after the day of the election, open all the certificates in the presence of the Senate and the House of Representatives in joint public session and the Congress upon determination of the authenticity and the due execution thereof in the manner provided by law, canvass all the results for president and vice-president and thereafter, proclaim the winning candidates.”
    Comment
    Since the law required that official results in the COCs should be electronically transmitted and digitally signed, then Congress should determine the authenticity and due execution of COCs by inquiring whether it was DIGITALLY SIGNED.

    SEC. 25 of RA 9369. A new Section 30 is hereby provided to read as follows:
    “Sec. 30. Authentication of Electronically Transmitted Election Results. – The manner of determining the authenticity and due execution of the certificates shall conform with the provisions of Republic Act No. 7166 as may be supplemented or modified by the provisions of this Act, where applicable, by appropriate authentication and certification procedures for electronic data, electronic documents and electronic signatures as provided in Republic Act No. 8792 as well as the rules promulgated by the Supreme Court pursuant thereto.”

    RA 7166 Omnibus Election Code
    Section 30. Congress as the National Board of Canvassers for the Election of President and Vice-President: Determination of Authenticity and Due Execution of Certificates of Canvass. – Congress shall determine the authenticity and due execution of the certificate of canvass for President and Vice-President as accomplished and transmitted to it by the local boards of canvassers, on a showing that: (1) each certificate of canvass was executed, signed and thumbmarked by the chairman and members of the board of canvassers and transmitted or caused to be transmitted to Congress by them; (2) each certificate of canvass contains the names of all of the candidates for President and Vice-President and their corresponding votes in words and in figures; and (3) there exists no discrepancy in other authentic copies of the certificate of canvass or discrepancy in the votes of any candidate in words and figures in the certificate.
    When the certificate of canvass, duly certified by the board of canvassers of each province, city or district, appears to be incomplete, the Senate President shall require the board of canvassers concerned to transmit by personal delivery, the election returns from polling places that were not included in the certificate of canvass and supporting statements. Said election returns shall be submitted by personal delivery within two (2) days from receipt of notice.
    When it appears that any certificate of canvass or supporting statement of votes by precinct bears erasures or alterations which may cast doubt as to the veracity of the number of votes stated therein and may affect the result of the election, upon request of the Presidential or Vice-Presidential candidate concerned or his party, Congress shall, for the sole purpose of verifying the actual number of votes cast for President and Vice-President, count the votes as they appear in the copies of the election returns submitted to it.

    Comment
    Since RA 9369 mentioned RA 7166, then Congress as the National Board of Canvassers should still apply RA 7166 as far as not inconsistent with RA 9369. Thus, the following:
    1. each certificate of canvass was executed and signed by the chairman and members of the board of canvassers and transmitted or caused to be transmitted to Congress by them;
    2. each certificate of canvass contains the names of all of the candidates for President and Vice-President and their corresponding votes in words and in figures;
    3. there exists no discrepancy in other authentic copies of the certificate of canvass or discrepancy in the votes of any candidate in words and figures in the certificate.

    RA 8792 – E-Commerce Act
    Section 11. Authentication of Electronic Data Messages and Electronic Documents.- Until the Supreme Court by appropriate rules shall have so provided, electronic documents, electronic data messages and electronic signatures, shall be authenticated by demonstrating, substantiating and validating a claimed identity of a user, device, or another entity is an information or communication system, among other ways, as follows;
    (a) The electronic signatures shall be authenticated by proof than a letter , character, number or other symbol in electronic form representing the persons named in and attached to or logically associated with an electronic data message, electronic document, or that the appropriate methodology or security procedures, when applicable, were employed or adopted by such person, with the intention of authenticating or approving in an electronic data message or electronic document;
    (b) The electronic data message or electronic document shall be authenticated by proof that an appropriate security procedure, when applicable was adopted and employed for the purpose of verifying the originator of an electronic data message or electronic document, or detecting error or alteration in the communication, content or storage of an electronic document or electronic data message from a specific point, which, using algorithms or codes, identifying words or numbers, encryptions, answers back or acknowledgement procedures, or similar security devices.
    The Supreme Court may adopt such other authentication procedures, including the use of electronic notarization systems as necessary and advisable, as well as the certificate of authentication on printed or hard copies of the electronic documents or electronic data messages by electronic notaries, service providers and other duly recognized or appointed certification authorities.

    The person seeking to introduce an electronic data message or electronic document in any legal proceeding has the burden of proving its authenticity by evidence capable of supporting a finding that the electronic data message or electronic document is what the person claims it on be.
    In the absence of evidence to the contrary, the integrity of the information and communication system in which an electronic data message or electronic document is recorded or stored may be established in any legal proceeding –
    a.) By evidence that at all material times the information and communication system or other similar device was operating in a manner that did not affect the integrity of the electronic data message or electronic document, and there are no other reasonable grounds to doubt the integrity of the information and communication system,
    b.) By showing that the electronic data message or electronic document was recorded or stored by a party to the proceedings who is adverse in interest to the party using it; or
    c.) By showing that the electronic data message or electronic document was recorded or stored in the usual and ordinary course of business by a person who is not a party to the proceedings and who did not act under the control of the party using the record.

    Comment
    Since there are already Supreme rules, then Congress should apply the SC rules.

    A.M. NO. 01-7-01-SC.- RE: RULES ON ELECTRONIC EVIDENCE

    EN BANC
    RESOLUTION

    RULE 5
    AUTHENTICATION OF ELECTRONIC DOCUMENTS

    SECTION 1. Burden of proving authenticity. – The person seeking to introduce an electronic document in any legal proceeding has the burden of proving its authenticity in the manner provided in this Rule.
    SEC. 2. Manner of authentication. – Before any private electronic document offered as authentic is received in evidence, its authenticity must be proved by any of the following means:
    (a) by evidence that it had been digitally signed by the person purported to have signed the same;
    (b) by evidence that other appropriate security procedures or devices as may be authorized by the Supreme Court or by law for authentication of electronic documents were applied to the document; or
    (c) by other evidence showing its integrity and reliability to the satisfaction of the judge.

    Comment
    In the RA 9369 as quoted earlier, the COCs should be digitally signed. Then the proof of authenticity should be by evidence that it had been digitally signed by the person purported have signed the same.
    The next should be a determination of whether or not the COCs were digitally signed in accordance with the law.

  2. Roberto Verzola
    Posted May 29, 2010 at 7:17 pm | Permalink

    Thanks for posting this document. Can you please clarify what document is this, and who issued it? If it is your own research, it would be nice to know your full name, so I can acknowledge authorship when I cite it.

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