NE court-decided case PCOS count can go wrong

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    GAPAN CITY – Are results of the counting of votes by the precinct count optical scan (PCOS) machines  100 percent accurate as purported to be?

    It is a resounding “No” for at least 514 voters in Gen. Tinio, Nueva Ecija who were supporters  of a senatorial candidate in the May 13, 2013 elections. 

    The voters, through their attorneys-in-fact, got the nod of a regional trial court branch here for the manual counting of the ballots in three clustered precincts that eventually revealed that the PCOS machine’s count for the senatorial candidate  they supported was short of 119.

    In its ruling, Judge Celso Baguio of RTC  Branch 34, said “obviously, the (PCOS) machines counts fell short of (the)  plaintiffs expectations.” Because of his decision, Baguio was hounded by “trouble” by way of an administrative case    filed by a Commission on Elections (Comelec) official before the Supreme Court.

    The Gen. Tinio election case wasdecided last March 21 but came to light anew as the reliability  of the PCOS machines is being questioned by many quarters especially in the heels of the approval by the Comelec of a contract with Smartmatic for the refurbishing of  the machines. 

    Congress, through the joint congressional joint oversight committee chaired by Sen. Aquilino  Pimentel  III, is also continuing with the reported digital lines discovered in some ballots counted  by the PCOS machines.

    The lines allegedly touched or bisected some ovals that the voters had to shade in the ballot to indicate their  chosen candidate. Also, former Comelec Commissioner Augusto  Lagman, who is one of the leaders of the election watchdog AES (Automated Election System)  and an IT expert, said recently that the PCOS  machines “can be manipulated by expert techni-cians”.

    In the Gen. Tinio  case, plaintiffs Aranas  and Arlan Esteban and counsel lawyer Anicia Concepcion Marquez,  sought the opening of the ballot boxes in Clustered  Precincts No. 29 and 30 at Barangay Piasand Clustered Precinct No. 19 at Barangay Concepcion  after the May  13, 2013 elections.

    They wanted to prove that thevotes cast in favor of  their candidate senatorial candidate Eduardo Villanueva  were not  counted correctly.  Docketed as Civil Case No. 4378-13, named defendants were the municipal election  registrar,  municipal  board of canvassers and the board of election inspectors of the three clustered precincts in Gen. Tinio.

    They said they actively campaigned for  Villanueva, even went on  a house-to-house campaign, and “received     assurances of support from  other registered voters”. On election day, they  averred, they voted and waited until the   results were released. 

    They were surprised, they said, when their  candidate garnered only 379 votes in one of the   precincts and a similar379 votes in the two other  precincts.

    Doubting the results  of the vote count, and to validate  their belief that  the results that came out  of the PCOS machines did not reflect the true  will of the electorate, they launched a series of  public consultations.

    At the end of the consultations,  they affirmed that the number of voters who actually voted for Villanueva was “far  greater than the number of votes that came out of  the clustered precincts  in  question”.  

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