Press Release
December 17, 2009

Transcript of interview with Senator Chiz Escudero
with Dateline Philippines

ON POLL AUTOMATION

Ricky: Based on the hearing today, are you satisfied that things are more or less going according to schedule?

Chiz: Ahm, It's not going according to schedule as of today's hearing date. Humihingi kami ng napakaraming dokumento, time tables ng COMELEC dahil nagbabago 'yun as we go along. They submitted a different time table when we were hearing the budget on the automated elections. Iba 'yung binigay sa senado, iba 'yung binigay sa House, iba 'yung pi-nost sa website, iba 'yung nangyayari ngayon. They seem to be making it tapos they go along the way and we would like to have a definite timetable, definite schedule, definite timeline from COMELEC to assuage the fears of many of our people.

Ricky: Sir, why do the deadlines keep moving? Is it something beyond the control and something that you could feel they could have a better handle on?

Chiz: They claim it's beyond their control but these are the things that we are talking about even when we were discussing of the automated election. Sabi namin, hindi realistic 'yung 2, 666 machines a day na dapat darating. Totoo ngang hindi nangyari. Hindi rin realistic na ganun kadalas 'yung pag-testing ng mga machines, ganun pa rin ang nangyari. These were events that could have been foreseen by COMELEC but unfortunately, they failed or refused to foresee at that time because they were simply blinded with automating the elections. Now that it is here, I guess it is incumbent upon all of us to help out and make sure it will work.

Ricky: What about the COMELEC sir? I mean do they realized that those things that you were warning them about are actually happening or they are actually more alert now, do you get that sense?

Chiz: Ahm, unfortunately, no I don't. That's why we initially ask questions about their preparedness on contingency plans. Tinanong namen, kelan ba 'yung point of no return that we have to shift to manual to make sure that election will proceed on May 10 na magagawa pa rin natin 'yun. Sabi ng COMELEC, they need two months to shift to manual. So the point of no return would be May 10, 20� rather March 10, 2010. By that date COMELEC must decide and be truthful and sincere about it. Can they do it or not? And if they cannot, then they should need the necessary preparations for fully manual or partially manual or partially automated elections.

Ricky: Sir, if that happens, is there gonna be some kind of violations of a law? Let's say sabihin nila, on that deadline mukhang hindi namin kakayanin? Does that carry some liability on their part?

Chiz: If may carry liabilities on the part of COMELEC, it may carry the liabilities on the part of the winning bidder. Depending on who will found to be at fault by our courts. At the end of the day, sabi nga din ni Senator Cayetano kanina, magandang pakinggan sa tenga pero hindi natin maikakaila, delayed na tayo sa ngayon. Kaya ba talagang magawa 'yan o hindi? We expect clear cut definite answers based on documents, timeline and schedules from CFOMELEC when we resume hearings early next year.

Pinky: Senator Chiz, good afternoon, it's Pinky sir.

Chiz: Pinky, good afternoon.

Pinky: How are you sir?

Chiz: OK naman Pinky.

Pinky: OK... Uhm, because I understand that also in the contract, I don't know if this gonna be a big deal for the Senators or the oversight committee for that matter, that because of the delay, 40, 000 was supposed to be delivered by December but they are only delivering about 12, 000 if I'm not mistaken sir. And I think under the agreement, the Smartmatic will going to pay about seven million pesos each day for every day of the delay, is it something that you are looking into na dapat siguro ipataw ng COMELEC sa Smartrmatic or should we be a little bit more lenient when it comes to these sir?

Chiz: We are looking into it Pinky and I don't think we should be lenient about it and there is agreement and they gave up assurances that it can be done with the specific timelines they gave us early these year. I think they should be held account for it. Sa 'kin lang Pinky, sabi kasi ng COMELEC at Smartmatic, binabago daw nu'ng project office management nila 'yung deadline pero sa ngayon, nobody is really in delayed because they adjusted mutually the timelines for the delivery of the machines. 'Yun ang kinuwestyon ko kanina, silang dalawa ang nag-usap, silang dalawa ang nangako paano naman tayo na pinangakuan nila? Wala ba tayong say kaugnay sa hindi pagtupad sa unang pangako on delivery dates?

Pinky: Right. What's the point of having that seven million peso penalty if they not gonna follow it anyway. What's that at for?

Chiz: But if the contracting parties Pinky, as they claim, if the contracting parties agreed on the new set of timelines, then there won't be any delay. 'Yun 'yung isang masakit sa ulo at kinukwestyon din namin kanina. Hindi dapat payagan 'yun at dapat ininform man lang ang joint congressional oversight committee tunglkol sa mga pagbabago sa timelines. Pinky the original timeline should have been November 15. Now they are talking of 40, 000 December 30 and February 27 the total 82, 000 machines.

Pinkly: Right.

Chiz: Clearly, wala 'yun sa timelines na binigay nila sa amin. Here they are promising that they will be delivering about one week in advance all the 80, 000 machines and yet they cannot even meet the deadline for one half of the machines.

Pinky: Sir in the... I mean I'm gonna be frank here, if the delay is caused by the problem of the holiday seasons, I mean that should be nothing new. Something that is common sense, something that is we all know. There is problem with cargo etcetera. These should be a very busy time so they should factor that in the very beginning.

Chiz: They should have factored that Pinky. Deadlines should have been at the originally set, November 15 before the supposed holiday rush. But as things turned out they shifted productions from Taiwan to China allegedly they got affected by the cases filed which should not be the case and allegedly also they were some problems with respect to manufacturing. Ika nga nu'ng isang Commissioner, parang diesel lang 'yan, kailnaga numinit muna bago tumakbo nang maayos. That should have been factored in as well. It shows simply Pinky the unpreparedness and the absence of foresight on the part of those supplanted these automations for this elections.

Pinky: Besides Senator, there was no TRO issued, so why would...

Chiz: None issued. You're correct Pinky, none issued and there should not been no delaying and so far as they are concerned. What ever problems and delay at the start with respect to the two winning bidders, who were partners in a JBA, cannot be blamed on us. The Filipino people cannot be blamed alone the COMELEC and should not be passed to us either.

Pinky: Senator, may I ask you again what you asked Ricky about the deadline to be able to find out if the automation will push thru or otherwise?

Chiz: The deadline imposed by COMELEC upon itself is March 10. They need two months to prepare for a shift to manual voting if the automation proved to be not viable.

Pinky: Do you actually agree with that? Isn't that way too delayed?

Chiz: It is way too delayed Pinky, but to think that's the point of no return so to speak. I believe they should again provide for allowances for whatever unforeseen events that may occur. But that is according to them the point of no return. Beyond that, even holding of elections might be put into question already. That would be the interpretation I would give. It is point of no return March 10 deadline.

Pinky: I was thinking sir, March 10 2009. That's when COMELEC will tell you. Please correct me if I am wrong, COMELEC will tell you, "Sir, we are not ready to give you full automation so these are our choices. Number one, we can probably give you partial or we can revert back to manual election. And all this for what sir? Two months before the election. That might cause a little bit of chaos and suspicion.

Chiz: Heads would have to roll should that happen. But nevertheless we have to be prepared for any contingencies: fully manual, fully automated or partially automated or partially manual. COMELEC has to prepare for all of these contingencies. They cannot simply assume that it will be perfect and nothing would go wrong. In fact, they should assume the opposite. If something will go wrong, it will. And we should be ready for it.

Pinky: Can't you demand anything as members of the congressional oversight committee?

Chiz: The JCOC is at best, recommendatory, given the fact that the COMELEC is an independent constitutional body. We cannot order COMELEC around; much less can we order them to do their job. They should be doing their job, to begin with, given the fact that we are paying for their salaries.

Ricky: Senator, given what we have seen, and they have expressed skepticism on how they will carry this out. Do you think more frequent oversight hearings are necessary?

Chiz: The House and the Senate has agreed to continue with these oversight hearings in the course of the next couple of months leading to the Election Day. The chairman of the congressional oversight committee, my co-chair, Congressman Teddy Boy Locsin and myself are not running for any position in the coming elections. And we would have the time perhaps and opportunity to credibly and with integrity oversee these elections through the JCOC.

Pinky: What will do, Senator, we'll be looking forward to these joint congressional oversight committee hearings so we are updated on what is happening number one, with the machines' development and the automation of the elections. Sir, we hope that you can have these hearings set as soon as possible. We do understand of course, that you have set this already for January 11. Hopefully, after that, magtuloy tuloy po para mas maintindihan natin ng mas lubusan ito.

Chiz: Iyon ang balak namin Pinky. Ituloy tuloy ito, at hwag ito tantanan hanggang matiyak natin na ito'y magiging matagumpay talaga.

Pinky: Alright, Senator Chiz Escudero sir, thank you so much for your time.

Chiz: Thank you.

Ricky: Senator Escudero there, expressing some skepticism on the way that this process is moving along.

Pinky: January 11, we have to watch out on that. Because he made it clear that basically the joint congressional oversight committee is just recommendatory.

Ricky: But given how it's moving along, it's important that congress continue its oversight function. And that the public will have to monitor what's going on. As they've said, this is the first automated election on this scale that has been tried. It bears a lot of watching.

Pinky: And we'll be doing that. We'll be covering the Oversight Committee Hearings for all of our sakes.

Ricky: That's right. And it's worth slugging through. Sometimes, the discussions do get a little technical and they do tend to lose the attention but it's worth slugging through these details because this is such a very important process.

Pinky: Definitely, and it's best if we understand this fully. Alright moving on...

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