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1


What is the REMEDY against computerized election fraud? 2


Nobody claims that the 2010 Computerized Elections will be the cureall against all forms of election fraud. 3


In the 1995 senatorial elections, PDP LABAN Chairman Aquilino “Nene” Pimentel, Jr., was a victim of election fraud but he fought back by filing an election protest and exposed

“Dagdag Bawas” 4


In 2007, history repeats itself ! PDP LABAN Secretary-General Aquilino “Koko” Pimentel III was cheated in the senatorial elections.

5


On 30 July 2007, Koko Pimentel filed an Election Protest before the SET.

This is docketed as SET Case No. 001-07 entitled “Aquilino L. Pimentel III v. Juan Miguel F. Zubiri”. 6


The Pimentel Protest alleges massive fraud, principally in the form of manufactured results.

7


Total No. of Precincts Protested by Pimentel: 2,658 Provinces/ Areas Involved Province Maguindanao Lanao del Norte Shariff Kabunsuan Basilan

Sultan Kudarat Lanao del Sur Sulu

Total Municipalities

Total Precincts

22

1,078

7 3 2

496 291 134

2 4 4

282 161 216 8


The main claim of “manufactured election results� was proven in the Pimentel Protest.

9


When the ballot boxes were opened, these yielded • fake ballots • “written by one” (WBO) ballots • many were empty. 10


There are certain areas in our country which are not under the control of Comelec or can not be controlled by the Comelec or Comelec has become part of the syndicate.

11


These are the areas where the syndicates were able to stuff the official ballot boxes with fake ballots and/or WBO ballots, or to empty many of the ballot boxes.

12


As exposed in the Pimentel Protest, these are the areas controlled by the syndicates:  Province of Maguindanao;  Municipalities of: o Sultan Naga Dimaporo, Lanao del Norte; o Salvador, Lanao del Norte o Poona Piagapo, Lanao del Norte o Tamparan, Lanao del Sur o Sultan Kudarat, of the former Province of Shariff Kabunsuan (now Maguindanao)

13


In the areas controlled by the syndicates, what will be the remedy available to the victims of election fraud committed by “shading of thousands of votes by a syndicate�?

14


“Garbage In, Garbage Out� but in computerized elections, this garbage becomes the official result.

15


Our FEAR: Computerized elections will allow the perpetration of the perfect electoral crime! 16


In Manual Elections, it is very difficult to perpetrate the perfect electoral crime. There are bound mistakes somewhere.

to

be

17


1. For example, the case of Datu Montawal in Maguindanao. The OLD name of municipality is Pagagawan. The NEW Montawal.

name

is

Datu

18


In the 2007 Senatorial Elections, Comelec used the OLD name for the official ballots. The syndicate used the NEW name in the ballots stuffed inside the ballot boxes!

The spuriousness of the ballots is therefore very obvious. 19


20


21


In the municipality of Pagagawan: Zubiri

minus 10,230

Pimentel

minus 3,781

votes

votes

22


2. The case of Datu Saudi Uy Ampatuan in Maguindanao. In the 2007 Senatorial Elections, the Comelec used the OFFICIAL name of the municipality which is Datu Saudi Ampatuan. The syndicate used the name of Datu Saudi Uy Ampatuan for the stuffed fake ballots. The spuriousness of therefore very obvious.

the

ballots

is 23


24


25


In the municipality of Datu Saudi Ampatuan:

Zubiri

minus 11,249

Pimentel

minus 1,971

votes

votes

26


The Pimentel Protest has proven that although tedious and expensive, an election protest in a manual election can be an effective remedy. 27


The Pimentel Protest has been effective. Pimentel has identified the areas controlled by the syndicates.

Pimentel has exposed the different methods of committing election fraud in manual elections. 28


Pimentel Claims Victory! In fact, the Pimentel Protest is so effective that Pimentel has won his election protest against Zubiri! 29


Important information about the Pimentel Protest.

30


On 14 July 2007, the Comelec led by Benjamin Abalos proclaimed Zubiri as the 12th and last winning Senator in the May 2007 Senatorial Elections. 31


According to the Comelec, Zubiri led Koko Pimentel by 19,292 votes after the hotly contested Maguindanao results were included in the national tally.

32


Even Zubiriâ€&#x;s proclamation lead of 19,292 votes was erroneous because of Comelecâ€&#x;s error in its tabulation of the ARMM results. 33


19,292 18,024 17,251

•Zubiri‟s lead as per NBC Res. No. 07-67 („„Proclamation Lead‟‟) •Gain by Pimentel of 1,268 votes due to erroneous ARMM Regional Vote Totals •Gain by Pimentel of 773 votes from post-proclamation special elections. •Presumptive Lead of Zubiri over Pimentel at start of protest.

34


The Senate Electoral Tribunal (SET) required the parties to designate their “pilot precincts” which should not be more than 25% of the total protested precincts: Pimentel‟s Total Protested Precincts:

2,658

25% of Total Protested Precincts

664.50

Total number of Pimentel‟s Pilot Precincts

664

35


Pimentelâ€&#x;s 664 Pilot Precincts came from the following places: 1. Buluan, Maguidanao 7. Matungao, Lanao del 2. Ampatuan, Norte Maguindanao 8. Sultan Kudarat, 3. Paglat, Maguindanao Shariff Kabunsuan 4. Guindulungan, 9. Tapul, Sulu Maguindanao 5. Sultan Naga Dimaporo, Lanao del Norte 6. Salvador, Lanao del Norte 36


After the revision (recount and examination of ballots) in Pimentelâ€&#x;s 664 Pilot Precincts, the SET issued SET Resolution No. 07-27, dated 17 June 2008. 37


SET RESOLUTION NO. 07-27, DATED 17 JUNE 2008: “xxx there is reasonable ground to believe that the final outcome of the case could affect the officially proclaimed results of the twelfth (12th) senatorial position in the 14 May 2007 national elections;” 38


SET RESOLUTION NO. 07-27, DATED 17 JUNE 2008: “Thus, in six (6) of the nine (9) pilot municipalities in Maguindanao and Lanao del Norte, for instance, 98.15% of the ballots cast were found to be spurious, to wit:” 39


Thus, in six (6) of the nine (9) pilot municipalities in Maguindanao and Lanao del Norte, for instance, 98.15% of the ballots cast were found to be spurious, to wit:

Municipality

Spurious

1. Buluan, Maguindanao

9,829 9,655 4,537 4,683

0 9,829 655 10,310 0 4,537 224 4,907

5. Sultan Naga Dimaporo, Lanao del Norte

25,397

188 25,585

6. Salvador, Lanao del Norte

16,821 70,922

267 17,088 1,334 72,256

2. Ampatuan, Maguindanao 3. Paglat, Maguindanao 4. Guindulungan, Maguindanao

TOTAL

Genuine

Total

40


What is the effect of SET Resolution No. 07-27? The results in the said six (6) municipalities will be nullified pursuant to the doctrine established in the case of Loong v. Tulawie. 41


In Loong v. Tulawie, the House of Representatives Electoral Tribunal (HRET) nullified municipal-wide election results due to massive systematic fraud. This is the precedent.

42


Among the relevant data considered by the HRET were: 1) The unbelievably high percentage of voting: 100% voting or even if not 100%, still very high percentage of voting (mostly not lower than 90%); 2) There is great disproportion in the votes cast for the opposing parties; 3) There is notable variance in the data on registered voters and actual voters, per the Project of Precincts, the Minutes of Voting and/or Election Returns and the Lists of Voters (in the case of those subjected to technical examination);

43


4) The results of appreciation: i.

massive written-by-one ballots (in sets or in groups)

ii.

the number of ballots does not jibe with the data on actual voters

iii. total number of ballots and/or detachable coupons exceeds or is short of the number of both the registered and actual voters iv. the number of detachable coupons exceeds or is short of both the number of ballots and actual voters v.

vital election documents like Election Returns, Tally Sheet , and detachable coupons were not found inside the ballot boxes

44


The HRET further stated that:

“The 100% or little less than 100% voters' turnout in the subject precincts is highly irregular and abnormal, considering that „[o]rdinarily, all registered voters could not be able to vote.‟ Not even in highly urbanized centers, as the City of Manila „where the exercise of suffrage is fully alive among the residents,‟ would such a high turnout be realized. xxx Such circumstance, along with the other observations as heretofore noted, is equally incredulous and is „foisting too much an insult upon one's intelligence to offer such an absurdity as a truth to be accepted‟.” 45


In concluding, the HRET stated that “the massive fraud here was dealt with the capital penalty of annulment and the exclusion of the affected votes to the prejudice of the intended beneficiaries�.

46


In the six (6) municipalities with 98.15% spurious ballots, the practical effect would be as follows: Municipality

Zubiri

3. Paglat, Maguindanao

Minus 4,401

321 Minus 1,240 Minus 768

4. Guindulungan, Maguindanao

Minus 4,579

Minus

1. Buluan, Maguindanao 2. Ampatuan, Maguindanao

Minus 9,635

Pimentel

Minus 10,205

Minus

1,071

5. Sultan Naga Dimaporo, Lanao del Norte

Minus 24,560

Minus 114

6. Salvador, Lanao del Norte

Minus 15,797

Minus

3,916 Conclusion: Net Gain of 65,261 votes for Pimentel TOTAL

Minus 69,177

402

Minus

47


In the 7th Pilot Municipality of Sultan Kudarat, Shariff Kabunsuan, the syndicate emptied all the official ballot boxes and all the Election Returns were tampered with.

48


In Sultan Kudarat, Shariff Kabunsuan, 197 out of 198 ballot boxes were completely empty. The 198th ballot box contained 11 fake ballots.

49


In Sultan Kudarat, Shariff Kabunsuan, this is the first time in Philippine election history that all the ballot boxes of a municipality are empty! This is a clear sign of massive systematic fraud. 50


For you to better appreciate the “official results� in Sultan Kudarat, Shariff Kabunsuan, here are the important data: Number of Registered Voters:

39,327

Number of Voters who allegedly voted:

37,904

Number of Votes for Zubiri:

33,888

However, there has been no single valid ballot found for the entire municipality! 51


In Sultan Kudarat municipality, therefore, the entire municipal results will also be annulled due to massive systematic fraud. The effect would be:

Zubiri Pimentel

minus 33,888 minus 2,791

Conclusion: Net Gain of 31,097 votes for Pimentel

52


In the 8th Pilot Municipality of Matungao, Lanao del Norte, the illegal prefixing and suffixing of numerals to Zubiri‟s votes (old style “dagdag bawas”) was proven. “Official Result”

Zubiri Pimentel

3,863 884

Valid Votes (physical count minus void votes*)

450 893

Effect Minus

3,413 Plus 9

Conclusion: Net Gain of 3,422 votes for Pimentel * WBO ballots

53


In the 9th pilot municipality of Tapul, Sulu, massive written by one ballots were proven, with the following net effect on the protest: “Official Result�

Zubiri

4,001

Valid Votes (physical count minus void votes*)

14

Effect Minus

3,987

Pimentel 76 121 Plus 45 Conclusion: Net Gain of 4,032 votes for Pimentel * WBO ballots

54


Summary of Effect of Pimentelâ€&#x;s Pilot Precincts 1.

Buluan, Maguidanao

Net gain of 9,314 votes for Pimentel

2.

Ampatuan, Maguindanao

Net gain of 8,965 votes for Pimentel

3.

Paglat, Maguindanao

Net gain of 3,633 votes for Pimentel

4.

Guindulungan, Maguindanao

Net gain of 3,508 votes for Pimentel

5.

Sultan Naga Dimaporo, Lanao del Norte

Net gain of 24,446 votes for Pimentel

6.

Salvador, Lanao del Norte

Net gain of 15,395 votes for Pimentel

7.

Sultan Kudarat, Shariff Kabunsuan

Net gain of 31,097 votes for Pimentel

8.

Matungao, Lanao del Norte

Net gain of 3,422 votes for Pimentel

9.

Tapul, Sulu

Net gain of 4,032 votes for Pimentel

Conclusion: Net Gain of 103,812 votes for Pimentel in 9 pilot areas 55


Pimentelâ€&#x;s 664 Pilot Precincts therefore have given him a lead of 86,561 votes over Zubiri: 103,812 votes

Gain by Pimentel from 664 pilot precincts.

17,251 votes

Presumptive Lead of Zubiri over Pimentel at start of protest.

86,561 votes

Lead of Pimentel over Zubiri after Pimentelâ€&#x;s 664 pilot precincts.

Less:

56


A gain of 103,812 votes from only 664 precincts, translates to a gain by Pimentel of around 156 votes per precinct.

57


Pimentelâ€&#x;s Rate of Recovery is

156 votes per Precinct! 58


156 fake ballots and invalid or non-existent votes for every 200 voters* is indeed proof of massive fraud! * Standard number of voters per precinct. 59


1. In Palimbang, Sultan Kudarat: Zubiri‟s “Official Result” Zubiri‟s Physically Counted Votes:

10,575

only 1,917

Confirmed padding of 8,658 votes

60


2. In Lutayan, Sultan Kudarat: 72 out of 133 ballot boxes (54%) had no ballots. Zubiri‟s “Official Result” Zubiri‟s Physically Counted Votes:

23,452

only 7,225

Confirmed padding of 16,227 votes 61


3. In Tipo-Tipo, Basilan: Zubiri‟s “Official Result” Zubiri‟s Physically Counted Votes:

2,546

only 718

Confirmed padding of 1,828 votes

62


4. In Lantawan, Basilan: Zubiri‟s “Official Result” Zubiri‟s Physically Counted Votes:

8,378

only 2,738

Confirmed padding of 5,640 votes

63


5. In Datu Blah Sinsuat, Shariff Kabunsuan: Zubiri‟s “Official Result” Zubiri‟s Physically Counted Votes:

7,105

only 845

Confirmed padding of 6,260 votes 64


6. In Kabuntalan, Shariff Kabunsuan: Zubiri‟s “Official Result” Zubiri‟s Physically Counted Votes:

5,422

only 474

Confirmed padding of 4,948 votes

65


7. In the province of Maguindanao Zubiri‟s “Official Result”

195,823

Almost all ballots are fake! Entire provincial results are manufactured!

66


The fake and written by one ballots are available for online access at: www.pimentelprotest.ph 67


Zubiri Counter-Protested 73,265 precincts. Therefore his Pilot Precincts (25%) amounted to 18,316 precincts.

68


Zubiri, the winner proclaimed by Abalos et al., claims to have been cheated in 17 cities and 10 provinces, to wit: Entire Metro Manila Laguna (except Taguig & Valenzuela) Nueva Ecija Batangas Palawan Bulacan Quezon Province Cagayan Valley Zamboanga City Camarines Norte Bogo City, Cebu Cavite Ilocos Norte 69


Zubiriâ€&#x;s Counter-Protest covers

1/3 of the Philippines! 70


The underlying thesis statement of Zubiri in his Counter-Protest is that he was such a strong candidate in May 2007 Senatorial Elections that if he had not been cheated in 1/3 of the country, he would have probably topped it even beating Loren Legarda! 71


For example, Zubiri alleges in his Counter-Protest that he was certainly cheated in Quezon City, because how could he lose in Quezon City when he was for 9 years a member of the House of Representatives which holds office in Quezon City?

72


Has Zubiri forgotten that for 9 years as a member of the House of Representatives he was representing Bukidnon and not Quezon City???

73


Zubiri has also objected to all ballots with Pimentelâ€&#x;s name on the ground that these are all WBO ballots. His theory therefore is that Pimentel never received a single valid vote in Metro Manila and in the other Luzon Provinces he has counter-protested!

74


Pimentel‟s Protest side by side with Zubiri‟s Counter-Protest: Zubiri Counter Protest

Pimentel Protest

2,658

Number of Precincts Protested

73,265

664

Number of Pilot Precincts

18,316

Note: Zubiri‟s Counter Protest is 27.5 times larger than the Main Protest!

75


The revision of ballots in Zubiriâ€&#x;s Counter-Protest has terminated on 14 May 2009.

Zubiri has not proven any of his allegations in his counter-protest that he was cheated.

76


From Zubiriâ€&#x;s 18,316 pilot precincts, Zubiri has gained a grand total of 98 votes! (with Pimentelâ€&#x;s votes staying practically the same.)

98 votes out of 18,316 precincts means a gain of 0.005 votes per precinct, that is not only less than 1 vote per precinct, that is less than 1/200 of a vote per precinct.

77


Zubiriâ€&#x;s Rate of Recovery is

0.005 vote per Precinct! 78


Pimentel‟s Rate Zubiri‟s Rate of of Recovery: Recovery:

156 votes per Precinct

0.005 votes per Precinct 79


A “recovery� of 1/200 of a vote per precinct is not proof of fraud. Zubiri has therefore not proven that fraud was committed against him.

80


Pimentel and Zubiri Pilot Precinct Result side by side: Pimentel Pilot Precincts

Zubiri Pilot Precincts

664

Number of Pilot Precincts

103,812 votes

Gain of Pimentel

18,316

Gain of Zubiri

98 votes

156

Rate of Recovery per Precinct Protested

0.005

Massive Fraud Proven

Result

Nothing Proven Complete Waste of Time

81


Under the SET Rules, Zubiri has 84 days or up to the middle of October 2009 to present his “evidence.” 82


But if the ballots did not show any fraud committed against him, then what other evidence could possibly show the alleged fraud?

I believe nothing can and nothing will. For in reality, Zubiri was not cheated.

For in reality, Zubiri was the beneficiary of massive systematic cheating. 83


However, Zubiri has just recently filed a Motion claiming to have 620 days, instead of 84 days, to present his “evidence.� We find the Motion without merit and meant only for delay.

84


Revised Rule of the Senate Electoral Tribunal: Rule 54. Time Limit for Presentation of Evidence; Notice of Evidence to Tribunal and Parties.- A protestant, counter-protestant, or cross-contestant shall have a maximum period of five (5) hearing days to present his evidence for a particular contested province and a maximum period of two (2) hearing days to present his evidence for a particular contested municipality or city, as the case may be. xxx

Where less than five (5) municipalities in a province are contested, the presentation of the protestantâ€&#x;s evidence in chief shall be done within a maximum of three (3) hearing days xxx. 85


You be the judge whether Zubiri is delaying the disposition of the Pimentel Protest or not.

86


I call on Zubiri to be man enough to face the truth. Why is he afraid of the truth? Doesn‟t he want the “cloud” over his “victory” to be settled once and for all at the soonest possible time? He should stop his delaying tactics.

87


88


The Pimentel Protest Projected Result: Gain of Pimentel from Pilot Precinct (25%)

103,812 votes

Gain of Pimentel from the rest (75%) of his protested precinct

161,046 votes

Total Gain of Pimentel

264,858* votes

Presumptive Lead of Zubiri over Pimentel at start of protest

— 17,251 votes

Winning Margin of Pimentel over Zubiri in the Pimentel Protest

247,607 votes

* Gain of 99 votes per protested precinct!

89


Therefore, for 2 long years, Zubiri has occupied a position which he does not deserve for he has not legitimately won as Senator in 2007! 90


An election protest in a manual election can be an effective remedy.

91


Pimentel has proven his allegations of widespread fraud which significantly tainted and distorted the results of the May 14, 2007 senatorial elections. 92


As prime example, the inclusion of the election results of the Province of Maguindanao in the national tally of votes by the Comelec-NBC significantly tainted the results of the May 14, 2007 senatorial elections and led to the proclamation of a non-winning candidate, in the person of Juan Miguel “Migz� Zubiri. 93


After the Maguindanao results were included in the national tally on June 29, 2007, Comelec Chairman Benjamin Abalos adjourned the session early claiming that he needed to rest as he was sick. 94


However, later that same night, Comelec Chairman Abalos was seen in the company of Zubiri and his family as they were celebrating a family occasion at the Makati Shangri-La Hotel.

95


Was it only sheer coincidence??? That Comelec Chairman Abalos ended up not only in the same hotel but in the exact same restaurant as Zubiri and his family on the very same night that the fantastic election results from the Province of Maguindanao were included in the national tally for Senators? 96


The Comelec is the constitutional guardian and enforcer of election laws!

This grant of power is for the purpose of ensuring free, orderly and honest elections.

97


Comelec is not supposed to be part of the syndicate!

98


Now the truth is out. The fantastic election results in Maguindanao, to wit: •96.66% percentage of voting •98.45% vote conversion rate of Zubiri •Province-wide zero votes for senatorial winners Alan Peter Cayetano, Panfilo Lacson, and Benigno Aquino

have been achieved only because they are fantasy results. 99


The entire election results in the Province of Maguindanao for the May 14, 2007 senatorial elections have been totally manufactured and fabricated.

100


In order to save and Philippine Democracy:

strengthen

• it is time to say “no” to election cheating,

• punish the perpetrators, and, • stop, once and for all, these “factories of fraud” where fabricated and spurious election results have been the rule rather than the exception. 101


The first step is to identify these “factories of fraud�. The Pimentel Protest has done this.

102


The next step is to nullify the effects of the fraud by not allowing the beneficiary of the fraud to benefit from it.

103


Then to follow should be the punishment of the perpetrators.

104


An election protest is imbued with public interest. The public has the right to know the developments in the Pimentel Protest.

105


The Pimentel Protest has shown that Zubiri does not have any factual as well as legal basis to be Senator of the Republic of the Philippines and to remain as one.

106


No factual basis since Zubiriâ€&#x;s fantastic 195,823 official votes in the entire Province of Maguindanao are not even supported by actual valid votes (genuine ballots).

107


No legal basis, as Protestee Zubiriâ€&#x;s proclamation was the product of a criminal conspiracy perpetrated by election syndicates.

108


A Senate seat is a gift from the Filipino People. It cannot be gifted by election syndicates. Neither can it be bought from them as “Public Office is a Public Trust”.

109


Any day longer that Zubiri stays in office as Senator of the Republic of the Philippines is an injustice to the Filipino People.

110


Pimentel Claims Victory!

Pimentel has overhauled the presumptive lead of Zubiri at the start of his Protest and has won his Protest against Zubiri by a very wide margin, by a plurality of 247,607 votes! 111


Pimentel Protest Report