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Camp of Sen. Marcos set to file election protest: Bares Comelec’s secret use of “4th server”

Press Releases
7 June 2016

The camp of Senator Ferdinand “Bongbong” R. Marcos, Jr. today bared that they will file an election protest before the June 29 deadline for the filing of such action.

This developed as Atty. Jose Amor Amorado, head of the BBM Legal Team and Abakada Rep. Jonathan Dela Cruz, Political Adviser of Senator Marcos revealed the existence of a "Fourth Server" which had been kept secret from the public by the Commission on Elections and Smartmatic.

“The target date for the filing of the electoral protest is June 28—a day before the June 29 deadline. Yes, definitely we will file an election protest. The truth has to come out – one way or another,” Amorado assured members of the media in an interview after the preliminary investigation of the complaint for the violation of the Cyber Crime Law which they filed against Comelec and Smartmatic personnel before the Manila City Prosecutor’s Office earlier today.

Amorado explained that the protest will seek a recount of the votes in some areas including the setting aside of the election results in areas where there are clear indications of election fraud and manipulation.

Dela Cruz on the other hand asserted that they are filing the election protest because they owe it to those who voted for Marcos and to the entire Filipino people to find out what really happened in the May 2016 elections.

“We believe that we have enough evidence to show that there was massive rigging and manipulation of votes,” he said.

Amorado and Dela Cruz cited that the results of their initial findings indicated that between 9:00 p.m. to 10:10 p.m. on May 9, 2016, the transmitted election results showed that Marcos lost in 1,689 precincts, many of which are considered bailiwicks of the Senator, mostly in the provinces of Leyte, Samar, Pangasinan and other areas in Region II.

Amorado pointed out that instead of being transmitted directly to the Municipal Board of Canvassing servers, the Comelec server and the Transparency server, the results were instead coursed through a “4th Server or the so-called “Queue Server.”

This “4th server” was not divulged to the public and was never subjected to a source code review as what transpired with the other servers used in the elections, according to Dela Cruz. Amorado added that there were no watchers allowed in the so-called “4th Servers”.

Amorado said they have already asked the Comelec to preserve and secure any and all servers, as well as other related IT equipment used in the elections.

Meanwhile, during the preliminary investigation, Smartmatic asked for ten more days to file their answer to the complaint filed.

Amorado explained that respondents charged for the violation of the Cybercrime Law now pending before the Manila Prosecutors’ Office face possible jail sentences of 6-12 years if found guilty.

Charged for the violation of Section 4(a) of the Cybercrime Prevention Act of 2012 or R.A. 10175 were Smartmatic personnel Marlon Garcia, a Venezuelan national and Head of the Technical Support Team; Elie Moreno, an Israeli national and Project Director; Neil Banigued and Mauricio Herrera both members of the Technical Support Team and Comelec IT experts led by Rouie Peñalba, Nelson Herrera and Frances Mae Gonzalez who are all assigned at the Information Technology Department (ITD).

“Our main allegation is that in the night of May 9, 2016 during the time when the transmission was already in progress, they opened the system and introduced the new script without permission from the owner of the system, which is Comelec,” said Amorado.

Earlier, the camp of Marcos said that shortly after the suspicious introduction of the new script the Senator's lead over his closest rival in the Vice Presidential race began dropping until he was eventually overtaken.