MANILA, Philippines - Losing senatorial candidate Richard Gordon wants to review the source code used by the Commission on Elections (Comelec) before the precinct count optical scan (PCOS) machines are pulled from polling precincts.
In a 14-page urgent motion filed Tuesday, Gordon asked the Supreme Court (SC) to issue a temporary restraining order (TRO) enjoining Comelec from removing the PCOS machines and transferring them to a warehouse to prevent tampering with the components, contents and software encoded into the machines.
The former senator also asked the SC to order Comelec chairman Sixto Brillantes Jr. to comply with his earlier commitment to provide accredited parties with a complete, compilable digital copy of the source code for the automated election system used in the May 13 elections.
Gordon, author of Republic Act 9369 or the Automated Elections System Law, pointed out the issuance of a restraining order would preserve their legal right to determine whether the source code encoded or loaded into the PCOS machines is identical to the one provided by Comelec to petitioners.
Gordon, who placed 13th in the last senatorial elections, wanted “a complete compilable copy†of the source code recorded in a standard optical media or any commercial media available.
A “compilable copy†of computer software is a digital copy of computer software that can be readily transformed, encoded, or “compiled†into machine-readable binary code and electronically tested, he explained.
Gordon stressed the need for the SC to stop Comelec or any other party from handling the PCOS machines on the possibility that someone could tamper with the program and render futile the review and comparison of the source code.
“A review of the source code would show any mismatch between the respective hash codes generated from the source code and those from the PCOS machines’ embedded software. It would show possible tampering and/or the unlawful adulteration of the source code prior to their loading into the PCOS machines used for the 13 May 2013 national and local elections,†he added.
The SC held an oral argument last May 8 in response to Gordon’s petition for mandamus asking the high court to compel Comelec to allow the political parties to examine and review the source code.
The petition underscored the importance of the review to ensure honest, clean and credible elections.
Gordon also stressed that RA 9369 clearly mandates the Comelec to promptly make available the source code of the AES technology to be used and make it open for review by any interested political parties or groups.
During the oral argument, Brillantes committed to allow Gordon and other interested parties to inspect, review, test and examine the source code of the May 13 elections.
But Gordon said Brillantes appeared to be reneging on his commitment after he failed to respond to their requests to review the source code.