Deductive Analysis of the 2004 Presidential Elections in the Philippines

Introduction

Election. We define election as a device for filling an office or post through choices made by a designated body of people which are the electorate1. We use the election to choose, vote and proclaim public servants which we think would help for the betterment of the country. The functions of the elections include the following: recruiting politicians, making governments, providing representation, influencing policy, educating voters, building legitimacy, and strengthening elites.2

Elections in the Philippines have been of great importance for the Filipinos. During the period of the martial law, election was not exercised. This was one of the disadvantages of the Martial Law. This is one of the reasons why election was very important. If it weren’t for the snap election which happened on 1986, the late former president Corazon Cojuangco Aquino would not have been proclaimed as the first president of the Phillipines. For most people, election symbolizes democracy. And some as the means to attain political power. Being elected as a public servant is like being in show business. Every move and every action are monitored. They are the most popular and most talked about people in the country.

Whenever elections are held in the Philippines, it is like being in a festival as well as a fighting arena. Streets are filled with tarpaulins, and pictures of the candidates and the parties running for office. It can also be compared to the match fight between Manny Pacquiao and Juan Marquez because people sometimes become too affected that people are becoming war-freaks before the election proper. Filipinos give a lot of importance of the election and to exercise their rights as compared to other countries. As citizens of the Philippines, it is important to exercise our rights, one of which is to vote. The problem with excercising our rights is that we are not assured that our votes are counted because of the cheating during the election period.

As we all know, cheating is prevalent in our country. There are many forms on which candidates perform cheating. The most common of which is the so-callled “dagdag-bawas’ of votes wherein the votes of the opponent candidate is decreased and added to the total votes of the other candidate. Briberies and buying of votes are also popular. We ask ourselves, why does this happen? There is only one answer : this is because people want to attain power. With power, they can do anything. They can control people as well as the nation. Most politicians, after attaining power, often times engage in all sorts of corruption. This is not new to our government. Candidates would give out false promises to the people to gain their trust, but in the end, their promises are left in the air. Electoral fraud became a means of the candidate to attain power.

One example wherein electoral fraud became very obvious is the May 10, 2004 presidential election. This was the time wherein the main candidates for president were former president Gloria Macapagal Arroyo and the late Fernando Poe Jr. This paper will discuss the mystery in the 2004 election and the ways in which electoral fraud was shown.

Hypothesis/Main Assumption:

The Presidential Elections of May 10, 2004 should be considered as a failure of elections due to the issue of having electoral fraud and or sabotage.

Research Problem:

1 POSC1 lecture slide, Electoral Politics, slide 5 of 182 POSC1 lecture slide, Electoral Politics, slide 6 of 18

Did former president Gloria Macapagal Arroyo commit electoral fraud and or sabotage during the Presidential Elections of 2004?

Objectives:

In this paper, facts and evidences regarding the case of the May 10, 2004 Presidential Electoral fraud / sabotage are being to be analyzed using the deductive approach in Political Science. The conclusion to the research problem will also be generated using this approach.

Significance of the Study:

Gloria Macapagal Arroyo became the second lady president of the Republic after Joseph Ejercito Estrada went down from office. After serving the remaining term of Joseph Estrada, Arroyo ran for a re-election on the Presidential elections of 2004. Allegedly, Arroyo while in office, committed steps to ensure her seat of power.

This paper intends to present evidences of the alleged electoral fraud and sabotage on the Presidential Elections of 2004, to cite the other proponents involved in this “electoral fraud” of May 10, 2004 election, and to analyze the steps done by the former president to ensure the seat of power.

This paper aims to enlighten the minds of individuals and/or citizens on the status of electoral fraud in the Philippines and would latter compare in with the present administration. Finally, this paper will suggest clear recommendations on how we, as citizens, should act on the issue knowing the facts analyzed and concluded in this paper

Methodology

This paper will use the deductive method of Political Science wherein the researcher may deduce particular conclusions or explanations from probable yet steady premises in interpreting or appreciating a given political situation3 such as the alleged electoral fraud and sabotage of 2004.

This method includes: the presentation of accepted evidences on the impeachment of the Former President Arroyo on the ground of electoral fraud during the May 2004 Presidential elections, the presentation of news articles pertaining to the issue of electoral fraud (i.e. Hello Garci Scandal), the analyses of the testimonies and pertinent documents presented by the Citizens Congress for Truth and Accountability on the impeachment case 4of the former President Arroyo, the analyses of the presented news articles, and finally the deduction of conclusions and explanations of the case.

Definition of Terms:

Electoral Sabotage – “…(b)Any person or member of the board of election inspectors or board of canvassers who tampers, increases or decreases the votes received by a candidates in any election or any member of the board who refuses after proper verification and hearing ,to credit the correct votes or deduct such tampered votes ”5

3 Lazo, Ricardo , Introduction to Political Science pp. 16, 2011 4 CCTA, Summation (Electoral Fraud) , November 20115 SEC.42.Section27 (b) of the RA 6646 of the Philippine Constitution

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Electoral Fraud- legal interference with the process of an election

Elections - A device for filling an office or post through choices made by a designated body of people: the electorate.

Sabotage

NDI – National democratic Instittute

KNP - Koalisyon ng Nagkakaisang Pilipino

Alliance of Hope - Alyansa ng Pag-asa

BMP - Bangin Pilipinas Movement

LDP - Laban ng Demokratikong Pilipino

K-4 - Koalisyon ng Katapatan at Karanasan sa Kinabukasan

Political party - A group of people that is organized for the purpose of winning government power, by electoral or other means, adopt a broad issue focus, and are united by shared political preferences and a general ideological identity.

Coalitions -

COMELEC – Commision on Election

GMA – Gloria Macapagal Arroyo

FPJ – Fernando Poe Jr.

PET – Presidential Electoral Trbunal

Ballots – device used to cast votes in election

Civilian control/supremacy- control of the military by civilian officials elected by the people

Omnibus Election Code - basic law on Philippine elections

Municipal BoC - Municipal Board of Canvassers

Provincial BoC – Provincial Board of Vanvassers

National BoC - National Board of Canvassers

ERs - Election Returns

NAMFREL - National Citizens' Movement for Free Elections; election watchdog of the Philippines: is a non-partisan national organization that coordinates individuals and organizations (civic, religious, professional, business, labor, and others) for “the cause of free orderly and honest elections.”

House of Congress –

COC - Certificate of Canvass

SOV – Statement of votes

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Review of Related Literature

The development of the 1987 Constitution changed the course of the martial law government. It is, as quoted from Patino and Velasco (2004), “…restored the pre-martial law presidential form of government and an electoral system that essentially follows the first-past-the-post system.”6 According to the constitution, the government is divide in 3 branches: the executive, legislative and the judicial branch of the government. The president serves as the head of the state. He/she is entitled with all executive power. In addition, according to NDI’s (2004) (National Democratic Institure) Report on the 2004 Elections:

“…the president is chief administrator of the bureaucracy with general supervision over local governments, as well as the chief legislator, responsible for the introduction of the legislative agenda at the start of each congressional session. As the Commander in Chief of the Armed Forces, the president has the power to suspdend the writ of habeas corpus and declare martial law. However, martial law can be revoked by Congress and reviewed by the Supreme Court, and a state of martial law cannot result in the suspension of the constitution.7

May 10, 2004 was one of the most controversial date in Philippine History. The 2004 election consist of six partylist and coalition namely: koalisyon ng Katapatan at Karanasan sa Kinabukasan (K-4), Koalisyon ng Nagkakaisang Pilipino (KNP), Alyansa ng Pag-asa (Alliance of Hope), Bangin Pilipinas Movement (BMP), Laban ng Demokratikong Pilipino (LDP), and Partido Isang Bansa, Isang Diwa. The 2004 election also became very significant because this was the first time that absentee voters are allowed in the Philippines. The Koalisyon ng Katapatan at Karanasan sa Kinabukasan (K-4) is the political coalition of former president Gloria Macapagal Arroyo. During the 2004 elections, she, as the incumbent president at that time . Under K-4 are the partylists Lakas-Christian Musmlim Democrats (Lakas-CMD), Liberal Party, Nationalist People’s coalition, Nacionalista Party, Partido Demokratiko Sosyalista ng Pilipinas , People’s Reform Party and the Kabalikat ng Mamamayang Pilipino. On the other hand, the Koalisyon ng Nagkakaisang Pilipino (KNP), the rival party of the K-4, is the political coalition of the late Fernando Poe Jr. as the presidential candidate. The KNP is a coalition fo three parties namely the Laban ng Demokratikong Pilipino (LDP), Partido ng Masang Pilipino (PMP) and the Partido Demokratiko Pilipino-Laban (PDP-L).8

The elections were held and the winner was still the GMA. It was known that GMA appointed Virgilio Garcilano as the COMELEC Commissioner on February 11, 2004 the day after the official campaign period. On July 23, 2004, FPJ filed a protest at the Presidential Electoral Tribunal (PET) but there was no action given by the PET to support the protest of FPJ, and on December 14, 2004, FPJ died due to the stress and the disappointment of his losing from the 2004 election and his unanswered call for justice. On June 6, 2005, a tape of the conversation between PGMA and Virgilio Garcillano, the Election Commissioner in the 2004 elections, was revealed. The scandal became known as the “Hello Garci” scandal.

6 Patino, P. and Velasco D., 2004. Election Violence in the Philippines. p. 17 NDI., 2004. Report on the 2004 Philippine Elections. pp. 6-78 Wikipedia,

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How are the votes counted?

Understanding the election process of the Philippines before the automated election would help us analyzing the electoral fraud commitied during the 2004 elections. The first step is to vote. The votes are collected by precincts (usually in public elementary schools). During the counting of the votes, each name is read aloud by the chairman and is tallied in the board. The counting does not end there. Aside from the tallying of the votes in the board. There is a poll checker. At the end of the counting of votes by precinct, the number of the votes at the tally should match the recorded number of votes by the poll checker.The election returns, are then sent to the municipal hall and the votes are summarized by the city or the municipal board of canvassers. The board of canvassers aside from summarizing the votes also checks the number of registered voters and those who actually voted.The ER’s are tallied and recorded on the City/ Municipal Statement of Votes (SOV) by precinct. The SOVs are certified by the city/municipal board of canvassers and is witnessed by the accredited party watchers. After verifying the SOV, a city/; municipal Certificate of Canvass is issued (COC) by the board of canvassers. Second, the SOVs by precint and the city/municipal COCs are sent to the Provincial Capitol, and is canvassed by the Provincial Election Supervisor. After checking the canvass of votes, the provincial election supervisor prepares the Provincial COCs. The copy of the SOVs by municipality as well as the Provincial COCs are sent to the congress through the senate for canvassing the votes of the President and Vice President.9

Who are qualified to vote?

- An individual should be a citizen of the Philippines.- He/She should be in 18 years of age and above in the day of election.- He/she was able to stay in the country for the period of one year, in the city or municipality where

he/she intends to vote.- Individuals abroad who still have the right to vote under the R.A 9189 or the Overseas Absentee

Voting Law.- Filipino immigrants who posses an affidavit or document that stated an intention to live or stay

again in the Philippines.- Those who permanently live outside the Philippines but posses an affidavit or document that

stated an intention to live again in the Philippines.

Who are qualified to run for office?

As required by the Philippine election lawyer, the following are the list of qualifications for different postions:10

Qualification for Philippine President and Vice-President:

1. natural born citizen of the Philippines2. registered voter3. able to read and write4. at least 40 years of age on the day of election5. resident of the Philippines for at least 10 years immediately preceding the election.

Qualifications for Philippine Senators:

9 Retrieved from http://www.youtube.com/watch?v=Pc11gK418S010 Philippine Election Lawyer of the Philippines, retrieved from http://philippineelectionlawyer.com/?q=qualification-run-public-office

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1. natural born citizen of the Philippines2. at least 35 years old on the day of the election3. able to read and write4. registered voter5. resident of the Philippines for not less than 2 years immediately preceding the day of the

election

Qualification for Philippine Congressmen (District Representative):

1. natural born citizen of the Philippines2. on the day of the election at least 25 years old3. able to read and write4. registered voter in the district in which he shall be elected5. resident thereof a period of not less than 1 year immediately preceding the day of the

election.

Qualification for Philippine Party-List Representative (Sectoral representative):

1. natural born citizen of the Philippines2. able to read and write3. resident of the Philippines for a period not less than 1 year immediately preceeding the ay of

the election4. bona fide member of the sector he seeks to represent5. on the day of the election is at least 25 years old BUT in case of youth sectoral

representative, at least 25 years and not more than 25 years old at the day of the election

Qualifications for Philippine Local Officials:

1. citizen of the Philippines2. on the day of election at least 23 years old for Governor, Vice-Governor, member of

sangguniang panlalawigan, mayor, vice-mayor, sangguniang panglungsond in highly urbanized cities; while at least 21 years old for the said officials in component cities and municipalities; at least 18 years old for members of the sangguniang panglungsod, sangguniang bayan and sangguniang barangay and punong barangay; at least 15 years old and not more than 21 years of age for Sangguniang kabataan.

3. able to read and write FIlioini or any other local language or dialect4. registered voter in the constituency in the locality5. resident thereof for a period of not less than 1 year immediately preceding the day of the

election

The Legislative Branch of the Government

The 1987 constitution provides that the Legislative branch of the Government should be bicameral in structure consisting of the Senate and the House of Representatives. These two bodies are often referred as The Upper and The Lower Houses. “In most democracies, legislature is the direct repository of people’s representative in the government. It is a symbol of popular representation. Major government decisions are usually carried out in the executive but the legislature reflects the sentiments and opinions of the citizens11”

11 Ricardo S. Lazo. Introduction to Polical Science. Chapter 7. Legislative Assemblies. 2011. p. 142

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The English philosopher John Locke12 stated in his Two Treatises of Government the power of legistlature:

“In all cases whilst the government subsists, the legislature is the supreme power. For what can give laws to another needs to be superior to him, and since the legislature is the legislative arm of the society, by that right it has to make laws, for all its parts, and every member of the society: prescribing rules to their actions, and giving power of execution where they are transgressed; the legislative must need be supreme, and all other power in the members or parts of the society is derived from and subordinate to it”

In the Philippine setting, the Congress, that is composed of the two houses, has the Legislative powers vested in them by the people. These powers manifest when:

a. it exercises general legislastive powers (i.e. to enact, repeal, and amend existing laws of the land, etc.) ;

b. it exercises special legislative powers (i.e. to impeach, confirm treatise, declare the existense of war, etc.) ;

c. it exercises its electoral power (i.e. to act as the National Board of Canvassers for the canvass of votes for the President and Vice- President, elect the President in case of tie to the said post) ;

d. it exercises other legislative powers (i.e. Executive, Director/Supervisory, Judicial, and Miscellaneous powers.).

Role of the Legislative in Elections

Elections serve as the mode of representation in most of all democratic governments in the world. It is the way in which the people can have a direct participation in governement processes. In Lazo (2011), elections is formally defined as a competition for office based on a formal expression of preferences by a population. These opinions are then combined into a collective decision from which candidated are won. In a nation with a strong commitment to democratic processes, a citizen is expected to show active participation in election and politics.13

The Congress of the Phillippines play a very important role in establishing the government and in selecting government leaders. Having the the electoral power, the Congress act as the National Board of Canvassers in National Elections. Through it, the future head of the executive branch of this nation is declared.

Philippine elections take several stages to complete. Putative voters register. They cast their ballots. Their votes are counted and finally the results being canvassed. Canvassing of votes also take several stages to declare the winner.

The Omnibus Election Code or the Batas Pambansa Bilang 881 (1985) mandates the establishment of the different Boards of Canvassers. At every governmental level of the Philippines there is a different set of Board. The work of the board of canvassers is sequential, the Board of the higher level cannot proceed with its canvassing without the official Certificates of Canvass from the lower levels.

12 John Locke. Two Treatises of Government. 1887. p. 15013 Ibid. 1. Chapter 6. Representation, Election and Suffrage. 2011. p. 119

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The mandate of every Board of Canvassers- municaipal, city, provincial, legislative district in Metro Manila, Comelec and Congress- is to canvass the results of elections. What this means is to consolidate truthfully and accurately the votes as appearing in the election returns; thereafter, in the municipal or city certificates of canvass and the statement of votes by precinct; and then the provincial certificates of canvass and the statement of votes by municipality.

The law further mandates orderly and honest canvass proceedings. But in practice this is far from the truth. For one, the tenure of the Board of Canvassers is designed to be cramped and hectic. The board must complete its canvass within a short span of time14.

The May 2004 Controversy

This does not happen. It usually takes months in order to complete the canvassing of votes up to the national level. The May 2004 elections were no different. Aside from the lack of manpower and logistics and the problem of disarray and the state of confusion inside canvassing rooms, their remains the general perceived indifference by the Board members to Comelec rules.

Various reports persisted about delayed canvassing due to the absence, or tardiness, or partisanship by some members of the Board. In disgust, the traditional election watchdog, Namfrel dared to bring Comelec officials and the said members of the Board to court for their violations of the Omnibus Code for 2004 elections.

But we may say that bringing alleged officials to court is only an artificial remedy. The underlying problem is and begins with patronage politics and poilitical indebtedness. Machineries for cheating can be observed well by examining the underlying procedures in canvassing of votes as stated earlier.

There had been heated debates between parties of the Upper and Lower Houses regarding which rule is to be implemented in the canvassing of votes. Parties under the administratration proposed to adopt the rules implemented in the 1992 and 1998 elections but these propositions were met by counter movements from the opposition stating that the proposal was unconstitutional by instead of having the votes being canvassed by the whole Congress it is only being counted by the committee.

Furthermore the Committee that was canvassing the votes has a majority of members under the Administration. This composition of the Committee led to various debates and deliberations. The opposition lambasted the composition calling for a more equal representation for all the involved political parties in the committee, despite the appointed commission mirroring the current composition of the House: there are 190 administration representatives in a 220-seat House.

After the proclamation of the former President Arroyo as the re-elected president of the 2004 elections, various representatives from the Opposition and the family of the deceased Fernando Poe Jr. drafted an impeachment complaint against the former president.

But then again, a House made up of a majority under the Administration resulted to scrapping of the said complaint on the grounds of lacks sufficient substance for impeachment. We may reflect these as

14 Cleto Villacorta. Power of Three: The Hands of the Board of Canvassers. 2004. p. 21. “ … The Board must complete its canvass within thirty-six hours in cities not comprising at least

one legislative district, and in municipalities; within forty-eight hours in cities comprising one or more legislative district and within seventy two hours in the provinces…”

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strategies of the Administration to ensure such gain of power through various means of cheating machineries.

The electoral system and elections should be free, honest, and credible in selecting good political leaders and changing those who fail their constituents; political accountability of candidates and elected officials, including civil servants involved in election administration should always be promoted in the spirit of responsible democracy15.

Violation of the Omnibus Code16

One of the key evidences in the anomaly that is the 2004 Presidential Elections is the violations incurred against the Omnibus Election Code. According to Section 2 of the Omnibus Election Code, the purpose of this code is to “govern all election of public officers and, to the extent appropriate, all referenda and plebiscites”. The code provides us with all necessary steps, guidelines, provisions, and a lot more for an organized and proper election. Also, these codes must give an assurance that the election that will occur in the country must be followed in order to have clean elections and liable results.

To verify some of the several anomalies that happened during the 2004 presidential elections, strong evidences can be presented to the public to show the general public magical and dirty techniques executed by the followers under the control of politicians with insatiable desire for positions. Election paraphernalia such as election returns, certificate of canvass, and the actual ballots themselves were facilitated and falsified to earn and maybe to diminish votes from other electoral candidates. Also, the serial numbers, affixed signatures, and thumbprints may serve as potentially strong evidence against the lawbreakers because some of them were forged.

All of the guidelines that we have to follow are indicated in the Omnibus Election Code. Through understanding and analyzing the rules according to the code, there are a lot of violations incurred in the 2004 presidential elections especially that several investigations done displayed the obvious forgery and cheating of the candidates.

According to Section 212 of the Omnibus Election Code, “any election return with a separately printed serial number or which bears a different serial number from that assigned to the particular polling place concerned shall not be canvassed. This is to be determined by the board of canvassers prior to its canvassing on the basis of the certification of the provincial, city or municipal treasurer as to the serial number of the election return assigned to the said voting precinct, unless the Commission shall order in writing for its canvassing, stating the reason for the variance in serial numbers”. In accordance with this section of the code, violations were surely committed. By inspecting some election returns from several provinces, we can verify and prove some anomalies. Shown in the Figure1 is an example of an election return that showed evidence how the votes of our innocent compatriot were being faked. The page number in the image is printed out, but the serial number was stamped and this is not the proper way of filling out the election returns. According to the law, the page number and the serial number should be printed at the same time. Considering the fact that the serial number was just stamped, this may have been a fake since stamps can are easily obtained and manufactured anywhere. This inconsistency can be used to justify the election return as non-valid. Another thing is that it is not impossible to void these kinds of returns and make it unaccountable. Anyone who knows how to read or write can easily copy what has been done in here. If the law would be strictly followed, the election returns should not have been used at all as basis or should just have been easily disregarded from the start. Clearly, it is a violation of Section 212 of the Omnibus Election Code. The election returns are the election documents that are

15 Ibid. 3. Chapter 6. Representation, Election and Suffrage. 2011. p. 13916 Retrieved from http://www.chanrobles.com/electioncodeofthephilippines.htm#.UVZXhRyD91F

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closest to the ballot making them the true reflection of the results of the election. Therefore, by this fact alone, it is evident that the 2004 presidential elections were really problematic and due to this connection, our future to have a progressive country was denied from us and bad governance still has the control to fool our nation. Moreover, we can easily say that the 2004 election was unfair.

For further emphasis on the violation of the Omnibus Election Code regarding the Election Returns, Section 212 of the Omnibus Election Code denotes that “the entry of votes in words and figures for each candidate shall be closed with the signature and the clear imprint of the thumb mark of the right hand of all the members, likewise to be affixed in full view of the public, immediately after the last vote recorded or immediately after the name of the candidate who did not receive any vote”. An election return is considered “naked” if there is no closure by signatures and thumb marks. Shown in Figure 2 of the appendix is the Election Returns from Floridablanca, Pampanga. This is an example of improper closure of the tally of votes. Seeing the image, there is no way that those circular marks are thumb marks and if they are genuine thumb marks of the authority and concerned people, they do not resemble a thumb mark of a proper human being. We can compare the marks on this Election Return to an authentic thumb mark and verify whether these are legitimate thumb marks or not. Also, by comparing this Election Return to other authentic and legitimate Election Returns, the difference can be clearly seen. Clear differences in the thumb marks can be noted. It can be said that the marks on the authentic Election Returns are not that organized but comparing them with the fake one, the fake one seemed to be more organized or even orchestrated or manipulated. Desperate and greedy candidates still continue doing these acts to prolong their rule over their place. If this continues, it is not impossible for the country to not leave the zone of being a member of the third world countries throughout the globe.

If we look deeper in the Election Returns, we can still find quite a lot of anomalies. It may be hard to notice at first, or maybe no one ever notices the way on how the tallies are written and their weird appearances. Greedy politicians assure that their immoral plans will be executed perfectly and flawlessly.

We must consider that voting precincts and rooms were votes are tallied are very crowded making the atmosphere very warm, chaotic and busy. Also, consider that tallying is done right after the time of elections is over, around midnight or so. People that are tallying are very tired, sleepy, disoriented, uncomfortable, hungry, and very problematic at this stage of the election because of the pressure contributed by their environment and other physical, psychological and emotional factors that can affect their behavior. But looking at the Election returns from Floridablanca, Pampanga which is shown in the Figure 2, the tallies are very neat and organized. Election experts may doubt that this is somehow very impossible to happen, unless they were done in the comfort of another room in a day different from the very stressful event. What is more surprising is that another Election Return from Las Pinas which is about 80 kilometers away from Pampanga was found with a handwriting that is very similar to that of the tallies in Floridablanca. Section 15 of the COMELEC Resolution 6667 states that “each precinct shall receive two (2) thumb marks or fingerprint takers among other forms and supplies”. The color of these takers have to be grayish black but several election returns show a spectrum of colors used by the inspectors and operators. One can conclude that the papers were forged and fabricated. It is also apparent that these are already the dirty and planned tactics of some of the candidates. What we need now, is greater security for the votes we casted to avoid the loss of rights for choosing the right politicians that will rule and lead our society to the right path. We can’t just let this happening be a part of our history and simply pass without letting the people behind this cheating guilty.

Another vital component in an election is the Certificate of Canvass. Section 15 of the Omnibus election code states that, “Upon the completion of the canvass, the board shall prepare a certificate of canvass showing the votes received by each candidate for the office of the President and for Vice President, duly authenticated by the signatures and thumb marks of all the members of the provincial, city

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or district board of canvassers”. The first page of every Certificates of Canvass shows the names of the candidates and the total number of votes. All that a fraud would have to do is to tamper or change the first page and it would not be easily noticed. Shown in Figure 3 is the Certificate of Canvass of the province of Agusan del Norte. Three pages of the said Certificate were shown and the differences among the three pages are very clear and noticeable. Uniform size of gaps between the serial number and the page number can be noticed in pages two and three of the Certificate of Canvass. Looking at page one, it is different because it does not have the same size of gap between the page number and the serial number. Also, the serial number in the first page does not align with the serial number printed on other pages. Knowing this, page one of the Certificate of Canvass may have been already switched with a fake or may have been already tampered.

All of these alterations show violations of the law incurred in favor of Gloria Macapagal Arroyo. By simply manipulating data and hiding these facts, the election can easily be cheated and the people are deceived. These are clear evidences of the anomaly that happened in the 2004 Presidential Elections. Let us try to rethink of the idea that our votes for the right politicians were not really counted because of these violations during the 2004 presidential elections. Our rights to vote and select the leaders that will bring his fellow countrymen were thrown away and we just let the corrupt leaders possess the control all over the country. A single vote can help us change and develop this nation. But if this kind of anomaly in our country’s election became consistent, no matter how many developed PCOS machines will be used during elections and how improved our technology is, as long as filthy and fraudulent politicians do their evil plans, then we are just going to live in a wrong society -- a society full of lies and bad governance.

Garci Tapes

The 2004 Philippine National Elections was bombarded with several speculations: one of which is the electoral fraud. This involves Gloria Macapagal-Arroyo, and her allegedly rigging of the 2004 Philippine National Elections in her favor. Also known as the “Hello Garci Scandal”, it is a political and electoral crisis in the Philippine history.

During that election, there were five (5) Presidential Candidates: (1) Raul Roco; (2) Bro. Eddie Villanueve; (3) Panfilo Lacson; (4) Gloria Macapagal-Arroyo; and (5) Fernando Poe Jr.

This scandal involves several people: two (2) of the most prominent are President Gloria Macapagal-Arroyo and Commission on Elections (COMELEC) commissioner Virgilio Garcillano.

In a June 10 press conference, the country’s National Bureau of Investigation (NBI) former director Samuel Ong, declared that original recordings of a wiretapped conversation between Arroyo and Garcillano was in his possession. Although he clarified that he did not record the conversation himself, instead the evidence was just entrusted to him. The results of the continuous analysis of the tapes’ contents proved that Arroyo indeed rigged the 2004 Philippine National Elections. Several transitions happened; from Arroyo denying the accusations of election rigging up to the time that she acknowledged that it was indeed her voice on the tape.17

The major speculation about the wiretapped conversation was that Gloria Macapagal-Arroyo’s victory was only because the Commission on Elections (COMELEC) was used to gain 1 million additional votes in Mindanao – mainly because of the “dagdag-bawas”. Because of this, anti-GMA columnists and broadcast commentators’ perception was that the real/supposed to be president was Fernando Poe Jr. 18

17 Timeline of Hello Garci Scandal. Retrieved from http://en.wikipilipinas.org/index.php?title=Hello_Garci_scandal

18 2 ^ _____. (2011, December 2). Garci Tapes: Truth must triumph. The Manila Times.net. Retrieved from: http://www.manilatimes.net/index.php/opinion/110-editorials/12425-garci-tapes-truth-must-triumph

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Why Mindanao? because, obviously, the Mindanao area is Fernando Poe Jr.’s bailiwick. It is FPJ’s territory. To ensure the victory of Arroyo, she has to do something to transfer the votes of Fernando Poe Jr. to her name: and that is through Commission on Elections (COMELEC) Commissioner, Virgilio Garcillano.

Virgilio Garcillano had a COMELEC career for 40 years. He was dismissed from COMELEC after the ‘Snap Elections’ in 1986 and was reinstated as director of COMELEC in 1994. After his mandatory retirement, Gloria Macapagal-Arroyo appointed him as the Commission on Elections Commissioner in February 11, 2004, but was never confirmed although allowed to assume office. During the 2004 National Elections, he was assigned to Southern Tagalog and Bicol Regions, but operated in Mindanao.19

In spite of the vote-shaving in Regions 1 to 5 and NCR, Gloria Macapagal-Arroyo still lost to Fernando Poe Jr. So, for GMA to win, she needs additional less than/a million votes in the PCIB area.

A total of 15 calls was made by GMA from May 26 to June 10, 2004.

Here are some of the actual conversations between two persons (one believed to be Virgilio Garcillano and the other is Gloria Macapagal-Arroyo):4

GMA: Hello?

Garci: Hello, ma’am, good morning. Ok ma’am, mas mataas ho siya pero mag-compensate ho sa Lanao na yan.

GMA: So will I still lead by more than one M, overall?

Garci: More or less, it’s that advantage ma’am. Parang ganun din ang lalabas.

GMA: it cannot be less than one M?

Garci: Pipilitin hho natin yan. Pero as of the other day, 982

GMA: Kaya nga eh.

Garci: And then if we can get more in Lanao.

GMA: Hindi pa ba tapos?

Garci: Hindi pa ho, meron pang darating na seven municipalities

GMA: Ah ok. Ok.

On June 4, 2004 (25 days after the election), a conversation happened between GMA and Garcillano (now mentioned by GMA) regarding NAMFREL (National Citizens’ Movement for Free Elections), Lanao Del Sur.4

Garci: Hello

GMA: Hello Garci? Anong gagawin natin dun sa NAMFREL presscon, yung NAMFREL Lanao Del Sur.

Garci: Ah inaano ko. Meron na ho akong kopya nung ifinax ni Nobong yung kay Daligdig (NAMFREL Lanao Del Sur Provincial Chairman). But that is not true because I have already here my staff whom I assigned Lanao Del Sur. Pagkatapos ho si Rey Sumalipao the supervisor is coming and then we will also try to make him say after this.

GMA: Uhm-hm

19 Retrieved from http://www.youtube.com/watch?v=BuYegW_WIpE

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Garci: Pagsasalitain ko sila without letting people know that I am the one who will address it ho.

GMA: Ok. Ok.

On May 28, 2004 (18 days after the elections), GMA again called Garcillano, regarding Marawi and mentioned a certain Gudani.4

Garci: hello, good evening maam.

GMA: The FPJ camp will file a case raw against the Board of Canvassers and the military in Marawi?

Garci: Hindi naman ho siguro nila maa-ano yung ating Board of Canvassers, pero ang military, kasi si Gudani sa kanila si Gudani. I do not know why they will file.

GMA: Oo. Oo.

Garci: Sa kanila si Gudani ma’am. In fact that’s why we have. I have to work with Gen. Esperon and Gen. Kiamco na at that time, pinalitan naming si Gudani for a while. Kaya kwan, pero bakit nila file-filan yang mga military na nasa kanila na lahat.

On June 8 2004, a conversation happened between Garcillano and the Chief of Staff of COMELEC Chairman Benjamin Abalos, Atty. Jimmy Paz, again, regarding Gudani.20

Jim: Boss, nakatanggap ako ng certification ngayon galling sa mga bata natin sa Lanao. Nag failure na naman pala dahil kay Gudani.

Garci: Oo nga eh.

Jim: P*tang-ina, sino ba yung Gudani, bakit ganun yun?

Garci: Yun ang pinaalis ko.

Jim: Oo nga, ba’t andodoon na naman, papaano to?

Garci: Oo nga. Bumalik na naman. Kaya nga ayaw makialam si First Gentleman diyan. Sabi ko nga, pinasabihan ko nga kay Ruben Reyes na paalisin na nyo yan.

Jim: P*tang-ina, tarantado talaga ‘to.

Garci: Oo, pinaalis ko yan eh. Pero after 3 days after elections, bumalik man diyan. Ang nag (garbled) diyan si Col. Pirino thru Gen Esperon at tsaka si Gen. Kiamco.

Based from the last two conversations, it seems that Gudani has some evidences that prove that Gloria Macapagal-Arroyo cheated during the national elections. That is why he was relieved from duty that very important event.

Now, have we elected the “wrong” president? If we based from the evidences presented, yes, it seems like it. Filipinos do not need a president that executes punishable acts for the sake of winning. However, still, we would not know what will happen if Fernando Poe Jr., if ever, became the president. We would not know what a wrong president is because we do not what a good president should be, ideally.

TESTIMONIAL OF BRIGADE GEN. GUDANI

20 Retrived from http://pcij.org/blog/wp-docs/hellogarci-transcript-final.pdf

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The May 2004 Presidential election showed a massive electoral fraud on the Philippines. The said electoral fraud clearly shows how the former President Gloria Macapagal Arroyo(GMA) used her power to manipulate the results of election favoring her victory over Fernando Poe Jr. and other presidential candidates during the May 2004 Presidential election. She also abused her supremacy control over the military being the commander-in-chief of the armed forces of the Philippines which made it easier for Garciliano to execute various ways to tampered the Election Returns from provinces of Mindanao. Such evidences are found against GMA; violation of omnibus election code, dagdag bawas in several provinces of Mindanao: Lanao del Sur, Basilan, Tawi-Tawi and Maguindanao, refusal to open the election returns, and the most controversial is the “hello Garci tapes”.

On the hearing of Senate on “hello,Garci tape” , two high ranking officer of AFP were invited by Sen. BIazon to testify on the election cheating happened in Lanao. On one of the conversation of former President Gloria Macapagal Arroyo with comelec commissioner Garcilliano particularly in May 2004, Gen Gudani’s name was mentioned who is a high-ranking officer of AFP on that time when the electoral fraud happened. At the time of the 2004 elections, Gen. Gudani had been designated as commander, and Col. Balutan a member, of “Joint Task Force Ranao” by the AFP Southern Command. “Joint Task Force Ranao” was tasked with the maintenance of peace and order during the 2004 elections in the provinces of Lanao del Norte and Lanao del Sur.But Gen. Gudani proclaimed that even before canvassing he already observed open cheating on the post where he is assigned. On his testimony on the Senate on September 28,2005, that two days after the election on May 12,2004 he was surprised when he was ordered to report on Manila by higher headquarter. Upon his arrival in Manila he reported to two high-ranking Navy flag military official namely officer-in-commandant Adm. Ernesto de Leon and marine commandant Gen. Emmanuel Teodisio asked him to have some break, play golf or go to Boracay for a vacation. “"incomprehensible and illogical order" Gen. Gudani said. It is because during those time are critical for Lanao since the canvassing on different places in the capitol In Marawi was on the process and it is necessary to keep an eye on the canvassing.

Looking at Gudani’s first allegation it can be seen that the President and Garci are making way to get out those that might ruin their plans since gen Gudani was told to be on the opposition. on the conversation between GMA and Garci conclusion can drawn that Gudani’s testimonial can be verified. Here is a portion of conversation between PGMA and Garci mentioning a Military official.

Conversation between a male (believed to be V. Garcillano) and a female (believed to be Pres.Gloria Macapagal-Arroyo) on 28 22:13 May 2004Garcillano: Hello, good evening ma’am.GMA: Hello, the FPJ camp raw will file a case against the Board of Canvassers of ano, dun sa Marawi, and the military?Garcillano: Ano ma’am?21

GMA: The FPJ camp raw will file a case raw against the Board of Canvassers and the military in Marawi?Garcillano: Hindi naman ho siguro nila maa-ano yung ating Board of Canvassers, pero ang military,kasi si Gudani, sa kanila si Gudani. I do not know why they will file.GMA: Oo, oo.22

Garcillano: Sa kanila si Gudani ma’am. In fact that’s why we have, I have to work with Gen. Esperon and Gen. Kyamko na at that time, pinalitan namin si Gudani for a while. Kaya kwan, pero bakit nila file-filan yang mga military na sa kanila lahat. Halos ayaw na nga mag-give way sa aming mga tao.GMA: Oo, meron silang pina … (line cut) 23

21

221Philippines, G.R. No. 170165, En Banc; “ Decision” http://sc.judiciary.gov.ph/jurisprudence/2006/august2006/G.R.%20No.%20170165.htm (August 15, 2006)

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Here are the testimonies of Gudani wherein he said to his report to that President GMA and Garcilliano has been manipulated the election:

That it was Garcillano who was giving orders to Provincial Elections Supervisor Rey Sumalipao, although Garcillano was officially the commissioner in charge of Southern Tagalog and Bicol.

That one or two weeks before the elections, Sumalipao revised plans made well in advance of the elections, changing policies, replacing board of election inspectors, and causing much confusion. Gudani said the moves were made on orders of Garcillano who signed the memos implementing the changes.

That he had information that First Gentleman Mike Arroyo made two trips to Mindanao via a private helicopter to deliver cartons of cash. Gudani said an informant told him Arroyo carried around P250 million in each of those two trips. The helicopter landed “somewhere in Iligan.” Gudani said he and his informant knew the person who supposedly helped divide the cash and tie them up in bundles.24

On the day when Gen. Gudani he left Marawi he did know that went in town with Capt. Marion Mendoza, who was assigned as Garcilliano’s security but then assigned to Garci’s Nephew on May 12. On an affidavit submitted by Mendoza he said that he didn’t deny that he saw Zuce and Sumalipao, provincial election supervisor, handing an envelope with a large amount of cash given to Comelec director. But Sumalipao denied it and said on one of his statement "I know Zuce," he says. "I met him at Garcillano's office and he was as the commissioner's nephew, but I never saw him in Marawi or Lanao during the canvassing." 25 He also added that the security was very tight and it is not possible for any an authorized personnel to come in. His statement was contrary to Col. Balutan’s statement who is the former commander of the 7th Marine Battalion, and assigned with Gen. Gudani. He said that the Colonel he, Gudani’s replacement when he left Marawi, ordered to support the administration in the elections which for Col. Balutan said that it is ordered to loosen the security on canvassing center. Two opposing camps are under investigation but from their statement it is clear that missing pieces of massive electoral fraud are slowly revealed.

Meanwhile Gen. Gudani’s statement alleged about First Gentleman Mike Arroyo maybe uncertain or holds less credibility since he told that he got his information from his source which he did not named. On his statement when Sen. Alfredo Lim asked him to elaborate about the trip of first gentleman on a private helicopter he said that: "I also have information that a private helicopter was used twice by First Gentleman Mike Arroyo in bringing two carton-loads of money. "And this informant of mine was used as the security, and he even tied up bundles of money." 4 Although Gudani’s claim about First Gentleman bringing up boxes of money was shortly unbelievable ,because of no present evidences, still if proven true will provide a support to his statement about the election fraud.

The existence of testimonies of High ranking Military namely Brigade Gen. and Col. Balutan showed how Gloria Macapagal Arroyo abused her supremacy over military especially when she issued an order persisting any AFP personnel to appear on hearing without her consent. This did not stoped Gen. Gudani 23 Senate begins hearing on “Hello, Garci tape; two military official testify” posted: in the news, September 28, 2005http://pcij.org/blog/2005/09/28/senate-begins-hearings-on-hello-garci-tape-two-military-officers-testify

24 ”Senate begins hearing on “Hello, Garci tape; two military official testify” posted: in the news, September 28, 2005

25 “ Mike A delivered P500M,claims Gudani” ,Asia Africa Intelligence Wire, (copyright from Phil. Daily inquirer) September 29,1005. www.accessmylibrary.com/article-1G1-136810615/mike-delivered-p500m- claims

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and Col. Balutan from testifying on hearing on September 28, 2005 According to the petition laid by the two high-ranking Military officers, Gen Gudani said that:

On the evening of 27 September 2005, at around 10:10 p.m., a message was transmitted to the PMA Superintendent from the office of Gen. Senga, stating as follows:

PER INSTRUCTION OF HER EXCELLENCY PGMA, NO AFP PERSONNEL SHALL APPEAR BEFORE ANY CONGRESSIONAL OR SENATE HEARING WITHOUT HER APPROVAL. INFORM BGEN FRANCISCO F GUDANI AFP AND LTC ALEXANDER BALUTAN PA (GSC) ACCORDINGLY.26 [7]

This was an obvious refusal of the PGMA to cover up her fraudulent acts on the election and using her power as the commander-of-chief of the Army. Upon testifying on the hearing and disobeying the order of Gen. Senga, the two militarya official was placed in jurisdiction due to violation of A[rticles of] W[ar] 65 (Willfully Disobeying Superior Officer) and will be subjected on gen. Martial proceedings. On the same day of the hearing PGMA, 28 September 2005, President Gloria-Macapagal-Arroyo issued Executive Order No. 464 (E.O. 464). The OSG notes that the E.O. “enjoined officials of the executive department including the military establishment from appearing in any legislative inquiry without her approval.”27[10] This Court subsequently ruled on the constitutionality of the said executive order in Senate v. Ermita.28 [11] Thus according to the court’s way of ruling in Senate ,the two petitioners are not called due to violation of the issued E.O. 464 of the president which says “generals and flag officers of the Armed Forces of the Philippines and such other officers who in the judgment of the Chief of Staff are covered by the executive privilege,”29 instead they are called for direct order of Gen. Senga.

At the end Gen. Gudani was still subjected to military jurisdiction even on he already retired on his duty to serve the country. He continued to insist that the issuance of the PGMA of the said E.O.464 which he termed as a “gag order” violates the constitutional law on right of information and transparency. Here we then analyzed the limitation of the authority of the president to implement such order which in some point benefits not for the sake of the people of this country but instead for herself only. How come we call our government as a democracy? If the very own leader of the country given the right to implement laws took no consideration of her limitation. Way back to the history in 1965 in the proclamation of Martial law we can also foresee the effect of implementation of Martial Law during that time which Marcos also used his authority as the commander-in-chief of the Army. The period of Marcos’ regime caused difficult democratization of civilian-supremacy over military and resulted to abuse of authority given to military violating human rights and freedom of information as well.

To sum up this chapter focuses on the given testimonies of Brigade Gen. Gudani in the Senate hearing of “Hello, Garci tape” who was mentioned on the one of the conversation of the former President Gloria Macapagal Arroyo with his appointee comelec commissioner Virgillio Garcilliano. PGMA is believed to manipulate the May 2004 presidential election with the help of Garci whom she appointed as comelec commissioner on February 12, 2004 ,three months before the said election.

The testimonial of Gen. Gudani was analyzed for one of the evidences presented in behalf to support the claim of this paper that the former president Gloria Macapagal Arroyo committed fraud in order to win on

26 Philippines, G.R. No. 170165 http://sc.judiciary.gov.ph/jurisprudence/2006/august2006/G.R.%20No.%20170165.htm (August 15, 2006)27 .28 .29 Philippines, G.R. No. 170165 http://sc.judiciary.gov.ph/jurisprudence/2006/august2006/G.R.%20No.%20170165.htm (August 15, 2006)

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the May 2004 Presidential election. In addition the authority of PGMA as a commader-in-chief in issuance of E.O 464 , refraining any AFP official froml appearing in hearing without her approval. That sounds unreasonable since the day when she issued the order was the day of Gen. Gudani’s testimony in Senate hearing. But inn military rules order is an order obeyed especially when theit comes to the highest chief commander of the Army, no other than the president in that time Gloria Macapagal Arroyo. According to Carolina G Hernandez in her article the role of military in Philippine democracy is” performed within the a framework governed by the principles of the supremacy of civilian authority over the military at all times. It includes various measures and arrangements that subordinate the military to the government, otherwise known as civilian control over the military”30. It is clearly stated in the Philippine Constitution that it is the duty of the president to have a full control over the military but going over the limitations of controlling the military for personal purpose is also violating the right of every citizen to information and freedom of speech. At the end upon violating the order of Gen. Senga not to appear in the Senate hearing ,Gen. Gudani was charge in Court martial due to violating Article War 65 (Willfully Disobeying Superior Officer) . And after evaluation on the petitioners Gen. Gudani And Col. Balutan, the decision came to denied the petition 16th of August 2006.

Dagdag-Bawas of votes in Mindanao

If the controversial recordings are authentic and unaltered, President Arroyo’s chief worry when she was placing all those telephone calls to Elections Commissioner Virgilio Garcillano in late May to mid-June of 2004 was the canvassing in the Autonomous Region of Muslim Mindanao (ARMM).

Cotabato City and all the provinces that make up ARMM—Basilan, Sulu, Tawi-Tawi, Lanao del Sur and Maguindanao—were at the core of the conversations between the President and Garcillano.The talks dwelled on her “40-plus” loss in Cotabato, Sen. Rodolfo Biazon’s threat to have the ballot boxes in Tawi-Tawi opened if he were cheated, as well as reports that the political opposition was about to present witnesses on the cheating that supposedly occurred in Basilan and Sulu.

In Congress’s final tally, Arroyo won over Fernando Poe Jr. in ARMM, 549,944 to 272,715. She lost only in Tawi-Tawi and Cotabato City. In the June 30, 2004 terminal report of Namfrel, which had tabulated election returns from 82.89 percent of precincts nationwide, Poe was leading Arroyo, 228,567 to 161,067. Arroyo led Poe only in the Maguindanao count, 76,695 to 38,340.

Following the national canvassing, the opposition in its own report said cheating took place in all the five provinces of the ARMM, listing 20 towns where, it claimed, the President’s votes were padded by 76,455 and Poe’s shaved by 41,313. Interestingly, the Comelec national office decided to pull out its regional director for ARMM, Helen Flores, just four days before the May 10, 2004 elections and replaced her with the assistant regional director, Renato Magbutay.

A Comelec official in Mindanao said the last-minute change of assignment took Flores and election personnel by surprise. Flores, who was transferred to Western Mindanao (Region 9), was said to be close to Garcillano, as well as to Commissioner Manuel Barcelona, who was the commissioner in charge of the ARMM in the May 2004 elections. Garcillano and Flores both served in the task force that supervised the special registration in Sulu in 1995. Despite the closeness, Flores was perceived to be “hardheaded” and

30 Carolina G. Hernandez, “The Military in Philippine Politics: Democratization, Governance, and Security Sector Reform”,p.392.

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“di nila mapasunod,” the source said. Magbutay, meanwhile, worked for Garcillano when the latter was the provincial election supervisor of Misamis Occidental, and is described as a “Garcillano protégé.” Although Garcillano was assigned to Southern Tagalog (Region 4) in last year’s elections, the calls he made or received clearly indicated he was “supervising” the elections in ARMM. Garcillano had spent most of his 43-year career with the Comelec in Mindanao. He was the commission’s director for Region 10 (Northern Mindanao) before the President appointed him and Barcelona elections commissioners in February 2004.

BASILANThe President’s initial concern about Basilan was the reported mismatch between the statement of votes (SOVs) and certificates of canvass (COCs) in the province, as well as in Lanao del Sur Sur vote, Garcillano assured her in their June 2, 2004 conversation that “yung ginawa nilang magpataas sa inyo, maayos naman ang paggawa eh.”

The elections commissioner said, however, the problem lay with the military in Basilan. “Hindi masyadong marunong kasi silang gumawa eh. Katulad ho dun sa Sulu, si General Habacon.” He was referring to Maj. Gen. Gabriel Habacon, commanding general of the Army’s 1st Infantry Division, whose area of operation covers Basilan, Sulu and the Zamboanga peninsula. But it was Tipo-Tipo town’s election officer, Rashma Hali, who got the President really worried. In two phone calls to Garcillano on June 7, she asked about the whereabouts of Hali, who the opposition said had voluntarily made an affidavit on June 4 before a Makati prosecutor on the poll fraud allegedly perpetrated in the town. Garcillano told the President, “That’s what I’m being fearful about. That’s why we’re asking people to look for her so that we can control her.”

The congressional tally shows Arroyo winning 79,092 over Poe’s 48,685, even as the Namfrel counted 12,162 votes for the President and 43,821 for her opponent. The opposition alleged “dagdag-bawas” took place in Tipo-Tipo and Sumisip towns, which resulted in Arroyo’s votes being padded by 20,060 and Poe’s shaved by 16,731. In Tipo-Tipo, the opposition estimated the dagdag at 8,843 and the bawas at 7,495.

On June 5, two days earlier, Garcillano had been burning the lines with a certain Boy trying to locate Hali. Former Comelec personnel has identified Boy’s voice as that of Renault “Boy” Macarambon, a Comelec lawyer detailed at the time to Garcillano’s office and whom the elections commissioner was said to have sent to the ARMM areas to help him monitor the elections. Macarambon is mentioned in another conversation as having been sent by Garcillano to Lanao del Sur to check the canvassing there.

Macarambon is still detailed at Garcillano's office. PCIJ called him there three times yesterday, June 21, and was repeatedly told that he was out. When PCIJ called today, we were told he was absent. His officemates refused to give his cellphone and home numbers.

Boy reported that Hali appeared to be in Manila and that he had already sought the help of the Intelligence Service of the Armed Forces or ISAFP to locate her. He referred to a Col. Undug, said to be Col. Aminkadra Salahuddin Undug of ISAFP’s MIG9 based in Zamboanga. He is from the Philippine Military Academy Class 1982. Boy informed Garcillano that Hali had done some work for them, “pero limpio ang trabaho nila.” But he said problem might arise at the provincial level: “Baka ang sabihin niyan na binaligtad ni Kang Patangan sa itaas saprovincial level.” Borromeo Patangan chaired the provincial

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board of canvassers in last year’s elections. Boy then suggested the kidnapping of Hali’s family to prevent her from talking. He was advised, however, to first apply the “soft touch” on the family.

In a lengthy conversation with Garcillano on June 7, the same day Arroyo called about Hali, a certain Ruben expressed concern over the supposed evidence of vote padding done for Arroyo in Tipo-Tipo that opposition lawyer Rufus Rodriguez had presented. “Di ba ang gagamiting mag-tetestify siguro iyong against the President regarding the “dagdag-bawas” na ginawa dun sa ano?” said Ruben.

Garcillano said that Hali, if she were to testify, could bring no damage to the President but could hurt Wahab Akbar, a gubernatorial candidate in Basilan who the commissioner described as first having supported Poe then later switched sides when it appeared that the action star would lose. “She (Hali) has not done anything except kay for Wahab Akbar,” he said, and suggested that the President should instead advise Akbar to ask his men to go after Hali’s family.

The commissioner noted, however, that the situation was turning serious. “Nandun si Lomibao…may isang colonel na nandun,” he said, referring to Gen. Arturo Lomibao, now Philippine National Police chief.“Basta’t we’ll ask somebody to look for her and then get her family,” he said when further informed by Ruben that Hali was in Parañaque. Weeks later, the PNP charged Rodriguez and fellow opposition lawyer Harriet Demetriou with serious illegal detention, saying they had kidnapped Hali.

The conversation between Garcillano and Ruben reveals problems in several municipal canvasses, as the commissioner is heard saying that he wanted these cleaned up. “Kaya kung maaari papupuntahin ko dito yung supervisor, patago ko rin dito sa kin,” he said.Wilfredo Daraug was the provincial election supervisor of Basilan.

SULU

The canvassing in Sulu was the main reason behind the President’s calls to Garcillano on May 27 and 29 and on June 2.

The first was to inquire if the election returns from Sulu were complete and corresponded to what could either be the COCs or SOVs. Garcillano replied, “Ooma’am. Lahat ho meron, hindi po naming ika-count kung (Yes, ma’am. We would not count them if)…”

The two other conversations zeroed in on the island province’s Pangutaran town. Arroyo beat Poe, 78,429 to 60,807, in the congressional count for Sulu. The opposition, however, said cheating in three towns—Pangutaran, Talipao and Patikul—jacked up the President’s votes by 17,289 votes and cut Poe’s by 13,199. In Pangutaran, the “dagdag” was 8,000 votes and the “bawas” was 2,000, it said.

In her May 29 call, Arroyo referred to the opposition’s claim that it had affidavits from teachers and the board of canvassers in Pangutaran of how they were made to cheat. Garcillano again blamed General Habacon: “Kasi sila Gen. Habacon ba, hindi masyadong marunong pa dyan, medyo sila ang umano nun (It’s General Habacon, they don’t know that much).”

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On June 2, Garcillano reported to the President that he had talked to the chairman of Sulu’s board of canvassers. “Patataguin ko muna ang EO ng Pangutaran na para hindi sila makatestigo ho (I will ask the Panguntaran election officer to go into hiding so he wouldn’t be able to testify),” he said.

During the elections, Pangutaran’s election officer was Cipriano Ebron, the brother-in-law of provincial election supervisor Reynaldo Pescadera, previously the election officer of the capital Jolo and who addresses Garcillano as “Brod.” Jocelyn de Mesa, a lawyer from Comelec’s head office, chaired the provincial board of canvassers.In his June 7 conversation between Garcillano and Ruben, Ebron’s name came up. Ruben said opposition lawyer Rufus Rodriguez might present Pangutaran’s election officer to testify on the cheating. But he added that the military had already talked to Ebron.

Garcillano replied, “Di nila makukuha si Ebron…Akin yang tao nay an eh, taga-Batangas yan eh… Kaya kahit pakainin mo ng bala yun, di na magpapakita.” He also asked Ruben to tell the military, which apparently had slapped Ebron, not to meddle.

MAGUINDANAO

Besides Lanao del Sur, the President posted one of her biggest winning margins in the congressional count for Maguindanao, garnering 193,938 votes against Poe’s 59,892.In their June 6 conversation, the President is heard seeking Garcillano’s assurance that the documents in Maguindanao were consistent. “Hindi naman ho masyadong problema sa Maguindanao (Maguindanao isn’t much of a problem),” the commissioner said.

The conversation then turned to the President’s SMS message to Garcillano about the fake precincts in the province, of which the commissioner was suspected to be the mastermind. “Siguro ano, shot in the dark lang yun, but I’m just letting you know everything I find out para we can always make the appropriate remedies,” she said. Garcillano informed Arroyo that he would have “all the people around us talk to” General Lomibao, who was then in Zambonga, “so that they will be able to prevent who is going to work.”Based on the minority report, the outcomes in eight towns in Maguindao were highly dubious. Poe scored zero in Ampatuan and Datu Piang, and got as little as five to 174 votes in Sheriff Aguak, Datu Saudi Ampatuan, Mamasapano, Datu Unsay, Datu Abdullah Sanki and Talayan.

In their talk four days later, Arroyo expressed concern over the local canvassing in South Upi town, where the Comelec had proclaimed different winners. Asked by Garcillano which candidate she was supporting, the President replied, “Ay, naku. Ang importante, hindi madamay yung sa taas”. The commissioner assured the President, “Hindi ho, ako ang may hawak nun.” It was not only the count in South Upi that was knotty. Problems also cropped up in Talitay town.

In the June 6 conversation between Garcillano and Wynne Asdala, a Comelec lawyer sent by the national office to serve as provincial election supervisor of Maguindanao during the elections, the latter said Teng Mangudadatu (apparently referring to Sultan Kudarat Suharto Tan “Teng” Mangungudatu) wanted to help K4 senatorial candidate Robert Barbers. “Itong Talitay tsaka Columbio (a town in Sultan Kudarat), gusto nilang magsubmit ng bagong COC at tsaka SOV para mahabol yung si Barbers,” the supervisor said.

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PCIJ called the Comelec law department, where Asdala holds office, three times yesterday, and was told he was out of the office. We got the same reply when we called the law department today. His office also refused to give his cellphone and home numbers.

Asdala said he informed Mangudadatu he didn’t see any problem with Garcillano, but with Comelec Commissioner Resurrecion Borra. “Iba kasi si Borra, walang isip itong kwan nya, baka imbes na kwan baka ipitin pa ako.”Garcillano advised Asdala against proceeding, saying it was too late anyway and “baka masira ka.”Despite this, Asdala was to call Garcillano two days later, this time to say the group of a certain Pax (Mangudadatu’s father is Sultan Kudarat Gov. Pax Mangudadatu) was insisting that he (Asdala) help Barbers in Talitay. “Kako depende sa komisyon”, he added.Again, Garcillano replied, “Useless na rin eh, papaano n’yo gagawin yun?”PCIJ called Governor Mangudadatu's office in Sultan Kudarat yesterday. A male staff said he was in Malaysia and would not give the governor's cellphone number. PCIJ also got in touch with the governor's daughter, who likewise said she didn't have his number.PCIJ called Congressman Mangudadatu's home last night and was asked to call his office today. When we called today, his staff said he was out of town and refused to give his cellphone number.Later that day, Garcillano and an unidentified man are heard discussing that Barbers, in an annulment case he filed against the proclamation of Sen. Robert Barbers, was claiming he still had 7,000 votes canvassed in South Upi, 6,000 in Talitay and 4,000 in Columbio.“Hindi yata nakasama,” Garcillano said.“Patay kang bata ka. Hindi napasama? Eh papano to? Eh di talagang yari tayo rito,” the man said.In a phone call with an unidentified woman on June 16, Garcillano was informed that Asdala was convening the canvassing. The commissioner said he would ask Teng Mangudadatu to call him up and find out their moves, “para ma-orderan ko si Asdala.”

TAWI-TAWI

The President called Garcillano twice—on May 26 and June 2—to take up the reported cheating in Tawi-Tawi. In the first conversation, she relayed Biazon’s threat to have the ballot boxes in Tawi-tawi opened if he were cheated. “Eh baka raw ako ang madale doon,” she said. Garcillano replied, “Baka nga ho.”

In the second conversation, Arroyo is heard asking the elections commissioner about a teacher from Languyan town supposedly in the opposition’s “Witness Protection Program.” Garcillano assured her there was none and the opposition was just making an empty threat. Still, the elections commissioner saw it fit to convey the President’s concern over Languyan in his June 5 conversation with a certain Boy, identified by two Comelec sources as the voice of Renault Macarambon, the lawyer with whom he had discussed the problem in Tipo-Tipo. Garcillano told Boy that Generals Arturo Lomibao and Hermoegene Ebdane would be calling and he already advised Mike Abbas about the Languyan teacher.

Michael “Mike” Abbas, the former provincial election supervisor of Saranggani, was Tawi-Tawi’s election supervisor. The election officer of Languyan was Adnan Mohammad, who was mentioned by his first name in the conversation.

In Congress’s final tally, Arroyo lost to Poe, 33,634 to 49,803. Still, the opposition said cheating in two towns, Simunul and Sitangkai, gave Arroyo 5,624 more votes and reduced their candidate’s by 3,796.

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COTABATO

In addition to Tawi-Tawi, Arroyo also lost to Poe, who had 29,417 against her 8,510, in Cotabato City.In their May 29 conversation, Garcillano assured Arroyo she would not lose by more than 40,000 votes, saying he has already taken up the matter with a certain Atty. Bedol.Atty. Lintang Bedol chaired the Cotabato City board of canvassers in the May 2004 polls and served as the provincial election supervisor in Sultan Kudarat. Prior to the elections, he was Maguindanao’s election supervisor.

Four days earlier, on May 25, the canvassing in Cotabato City and seven municipalities from Lanao del Sur was still going on. The conversation between Garcillano and an unidientified man on that day centered on getting the maximum in Cotabato and extra votes in Lanao del Sur. On May 26, the elections commissioner was on the phone with a “Len,” said to be his secretary Ellen Peralta, instructing her to remind someone to bring the “SOV 15 to 18 sheets” from Cotabato.

Meanwhile, Comelec Chairman Benjamin Abalos, on the petition of the opposition mayoral candidate Estrellita Juliano, had ordered the transfer of the city’s canvassing to Manila. It would turn out that the votes in Cotabato seemed to be of great interest not only to the President but also to Barbers. On May 29, the former senator called Garcillano to ask if it was true that there had been a Comelec resolution ordering the transfer of the canvassing to Manila. At the time, Garcillano was still unaware of the directive from Abalos. But a subsequent check with Bedol showed a resolution had indeed been issued and Garcillano had not been asked to sign the resolution. He was placed on “official business.”

Garcillano is heard telling a man named “Teng” on May 30 to delay the transfer of the Cotabato votes to Manila. “Sabihin mo dyan kung ma-delay niya, i-delay na,” he said. That same day, Garcillano called Noli, who Comelec sources identified as Manuel Barcelona, the commissioner in charge of the ARMM. Noli quoted a certain Joey, believed to Arroyo’s political adviser Joey Rufino, as saying the transfer of the canvassing had upset administration mayoral candidate Muslimin Sema. He said he had suggested to Joey to ask the President to call Abalos and have the resolution recalled. Noli also said he signed the resolution only because “akala ko order sa taas.”

“Pero si presidente, kahapon pa, ayaw niya,” Garcillano said.

On June 2, the elections commissioner got a call from “Mike,” said to be First Gentleman Mike Arroyo, urging him to help Barbers. Garcillano’s response: “Pero mahihirapan na tayo, medyo nabuko tayo sa Lanao del Sur at hindi na makakahabol dito sa Cotabato.”

Analysis on Dagdag bawas in Mindanao: Lanao del sur, Basilan, tawi-tawi, Maguindanao

The evidences of fraud in Mindanao are relatively convincing seemingly logical to a sense of statistical evidences.

Yet, to further analyze the evidences presented we should try to verify the validity and concreteness of the witness and the written evidences he has presented upon the court.

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As we analyze, we shall look into the credibility of the witness Brig. General Gudani, and the validity of the evidences presented and dependability of the sources of the information.

Credibility of the witness:

Brig. General Gudani is a commendable general in his ranks in the Philippine marines. He was the commanding officer in Lanao Del Sur area during the 2004 elections.

His testimony that he was relieved of his post during the election period was supported with written evidence signed by his commanding officer and the commander-in-chief, the president. Such evidence shows how he was dismissed to put into position someone allied to the president.

Election period is too much of a crucial time to take a leader out and replace him. During this time the people are in need of protection and vote counting is supposed to be highly guarded.

Yet during this time there was a change in command that may have put into danger the process of the election counting security and the security of the people given that any change requires realignment of processes.

As for the Brig. General he was taken out because he was closely guarding the counting of the votes. According to him cheating would be hard under his command and that is why he was taken out; to put someone who can be more cooperative with the results being imposed by the administration dogs.

On the other hand, when the impeachment proceedings were over and done he was accused of cheating for the opposition himself. This was after the proceeding was done.

In a court for a witness’ statement to be heard as credible, a background check has to be done within the time of the hearing.

Yet, the evidence that puts the Brig. General into question was presented late after the impeachment process was already over.

Why would such evidences come out when the hearing is already over? This could be a move of getting back on the Brig. General exposing the said issue.

Another point is that during election period the president has limited or no power as the commander-in chief of the armed forces.

Yet, it was the president who made the order for the Brig. General to be taken out of his post during the same time.

This is an example of the president using her position to gain leverage over her competition.

Validity of the evidences (election returns vs certificate of canvass)

The evidences that show the alleged cheating or “dagdag-bawas” of votes are said to be comparisons of the election returns of the areas concerned vs. the certificates of canvass counted by the congress as presented by the local government bodies.

The counting of these election materials is evidently unequal.

Some areas like the municipality of Poona Bayabao in Lanao Del Sur had results that show 100% votes for PGMA and 0 votes for all her opponents.

Statistically it is highly impossible for such an event to happen. Also putting into account that Mindanao area is FPJ’s “well” of support.

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The municipality showed results that gives no votes for PGMAs competition but in certain Brgys. Like Liangan, Poona Bayabao there are actually election returns that have votes for PGMAs opponents and even shows a great percentage of votes for FPJ.

These file show how the cheating was done. The municipality presented wrong canvasses to the congress for counting.

Another way of cheating done was to switch the results of the counting.

This was done in Bumabaran and Wao, Lanao del Sur.

The count projected about 70/30% results favoring FPJ but the results show for the national count gave 70% votes for PGMA and the 30% for FPJ.

Tampering with the election returns is also a scheme done.

Taras for counting show different numbers than what is written in words and others have extra taras for counting even if the official count is already done.

Some also had election returns without any taras for counting but only had written results which was not how the counting process is supposed to be done.

But as easy for these files to be tempered with or projected wrongly, they can also be easily forged. Could be for evidence that there was “cheating”.

Yet, the election returns sent for investigation were duly authenticated with three thumb marks and signed just as required by the omnibus election code.

If these were only forged, why is there no real election returns that are presented to falsify these presented ones?

Why do the election returns of the grass root level counting different from the canvasses made by the municipal counting?

It is said in the constitution that election returns are closest to the real result of the voting.

If basing the election on these election returns then it is extremely plausible that cheating has occurred during election.

Analyzing these evidences it is considerably noticeable that the government had control on what the election results will become.

From controlling who are to watch the election and secure it to physically fixing the results of the election to fit the result intended by the over-all head of the government, the president.

We can see an active participation of the president to control the outcome of the election. Even when the president is relieved of his or her powers during election period.

Recommendations

As citizens of this country and as Filipinos, knowing the status of the electoral fraud in the country is only a small matter. What matters most is the action on which we can pull through. It takes one initiative to move the nation, just like the late senator Ninoy Aquino. We, should still exercise our rights to vote, but we should guard our votes. Elect public servants who are trustworthy, honest and dedicated to serve the people.

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As for the electoral system of the Philippines, before, when there are still no automated election in the Philippines, the process is very slow. It was of great help that automated elections are now available in the country. The COMELEC should thus improve its system to a more safe and fast election.

Conclutions

Based on the evidences presented: the Garci-tapes, violation of the omnibus code, dagdag-bawas in Mindanao, etc, we can conclude that truly, GMA has commited electoral fraud in order to attain her position as president of the Philippines. But knowing this would not change history. There are a lot of issues in the Philippines that needs to be addressed such as poverty and education.

Appendix

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Figure 1

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Figure 2

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