BBM camp set to file cybercrime complaint vs Smartmatic and COMELEC IT representative

23 May 2016

The camp of Vice Presidential candidate Senator Ferdinand “Bongbong” R. Marcos Jr. today bared that they will file another set of criminal cases against Smartmatic executives and a Commission on Elections (COMELEC) Information Technology (IT) representative for their unauthorized change of the script in the transparency server of the poll body on the night of the elections.

Lawyer Jose Amor Amorado, head of the Bongbong Marcos (BBM) Quick Count Center, said they will file tomorrow before the Manila Prosecutor’s Office a complaint for violation of the Cybercrime Prevention Act of 2010 (RA 10175) specifically Section 4 of Chapter II of the said law.

Amorado said the law makes punishable offenses that affect the confidentiality, integrity and availability of computer data and systems including “illegal access of any part of a computer system without right.”

“We will file the appropriate complaint for violation of the Cybercrime Law before the Prosecutor’s office against Smartmatic and Comelec IT representative in the transparency server for opening the system without authority of the Comelec and instituting changes in the script,” Amorado said.

He said they have enough evidence to pin down the Smartmatic executives and Comelec IT representative based on public documents and the pronouncement by no less than the Comelec that their interference in the system had no authorization.

“It is res ipsa loquitor (the thing speaks for itself),” Amorado stressed.

He added they will ultimately ask for a Hold Departure Order (HDO) against the Smartmatic executives when the case reaches the court.

A criminal complaint for the violation of R.A. 8436 as amended by R.A. 9369 or the Automated Election Law was earlier filed by Abakada Party List Rep. Jonathan Dela Cruz before the Comelec against Smartmatic Executive Marlon Garcia, Elie Moreno, Smartmatic Project Director; Neil Banigued, a member of the Smartmatic Technical Support Team and Rouie Peñalba, IT Officer of the Comelec, for their authorized script change.

On the forthcoming official canvassing of votes, Amorado stated that they will not delay the proceedings but will merely scrutinize every Certificate of Canvass (COC) especially in the light of the many amended COCs being reported to them.

“Madami kaming natatanggap na amended COCs and we will have to look at them kaya nga kami dati nagsasabi na bakit kailangan magtransmit agad kung hindi pa kumpleto ang results kaya tuloy meron tayong mga amended COCs ngayon,” Amorando said.

So as not to delay the canvassing, Amorando said they will ask Congress to set aside questionable COCs and allow the canvassing of the COCs that have no problem.

“ We would request Congress that for the questionable COCs, i-set aside muna natin para mabigyan ng daan yung mga unquestionable COC na pwede na i-canvass. And in the process, we will present evidence why the COCs should be excluded from the canvass,” he pointed out.

Amorado added with the inauguration of the new President and Vice President on June 30, Congress has enough time to canvass the votes.

“We will not delay kasi ang inauguration naman ng sa President at Vice President ay sa June 30. We have more than enough time and while nagka-canvass, we still have time for the system audit kasi pwede naman ito simultaneous gawin,” Amorado concluded.