Cards in extra voting machines contained data, Bongbong claims

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THE legal team of former senator Ferdinand “Bongbong” Marcos Jr. has asked the Supreme Court sitting as the Presidential Electoral Tribunal to furnish them with the results of the decryption of the supposedly “unused” SD cards found to have data during the stripping of voting equipment used in the May elections.

In a six-page manifestation, George Erwin Garcia, counsel of Marcos, said the fact that many of the supposedly “unused” SD cards were found to have data during the stripping of 1,356 units of contingency vote counting machines (VCMs) bolstered their position that mere physical examination was not enough to prove that they were not used in the last elections.

“With all due respect, the presence of data stored in the SD cards, which were retrieved from the 1,356 units of contingency VCMs, bolsters the position of protestant Marcos that the mere physical examination of the subject VCMs, boxes, seals, stickers and SD cards is indeed inadequate to prove that the same were not used in the 9 May 2016 Elections,” Garcia said in the manifestation.

The Commission on Elections (Comelec) had conducted the stripping activities after unilaterally deciding to release 1,356 VCMs to Smartmatic, claiming they were not covered by a tribunal order to preserve all election equipment in relation to Marcos’ electoral protest against Vice President Maria Leonor “Leni” Robredo.

However, it was later discovered that many of SD cards in the supposedly “unused” VCMs were found to contain data during the stripping activities conducted by the poll body and Smartmatic, the Marcos camp said.

Garcia asked for a copy of the results of the decryption of the SD cards found to contain data.

“It is respectfully prayed of this Honorable Tribunal to direct the Comelec to furnish the protestant and the other interested parties in this case with … the results of the decryption of the SD cards from 1,356 units of contingency VCMS, which were found to contain data during the said closure/stripping activities,” Garcia said.

Garcia informed the tribunal that the Marcos camp did not take part in the stripping activities conducted on October 26 and November 2 because it was their position that the Comelec should have first secured the tribunal’s approval.

He said the existence of a precautionary protective order (PPO), which enjoins Comelec to preserve all election materials used in the last elections, precluded the poll body from conducting the stripping activity without court authority.

“The objection of protestant Marcos was based on his position that the 1,356 units of contingency VCMs were covered by the PPO dated 12 July 2016, and that this Honorable Tribunal has not issued any explicit approval to the closure/stripping activities,” Garcia said.

Even with the subsequent approval of the tribunal to conduct the stripping activities, Garcia said the Marcos camp would still question the propriety and legitimacy of the stripping activity.

“On this score, and in order to guide protestant Marcos on the appropriate course of action to remedy his precarious situation, he would like to request this Honorable Tribunal to direct the Comelec to furnish him and the other interested parties in this case with copies of the Minutes of the Proceedings and/or Transcript of Stenographic Notes taken during the closure/stripping activities conducted on 26 October 2016 and 02 November 2016,” Garcia said.

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2 Comments

  1. mabait na pinoy on

    Contingency is defined as reserve or alternate in case they need to replace defective VCMs that are on-line , configured and operational. If these VCMs were not used and was in the storage warehouse during the election, there is no possibility that they will find any votes for anybody because it was never used during the election. Meaning, never used, never part of the “network configuration”, or never was on-line. The DATA in SD cards that these morons mentioned were simply “instructions” on what the VCM would do after reading the vote cards inputted in them. BBM lawyers do not understand automation, and they will waste a lot of man hours investigating areas that only exists in their imaginations. These lawyers should have hired consultants that understand automation to save them from embarrassment and prevent them from looking like a bunch of dickheads. The case they filed at the criminal court in Manila against the Smartmatic technician that made minor change to the program was dismissed because there was no wrongdoing or whatsoever on the part of the technician. The accused was able to explain the technicalities to the Judge, and that was the reason why BBM’s lawsuit was voted against by the criminal court.

  2. Nag uumpisa ng lumabas ang katotohanan ng pangdaraya ng mga LP candidates sa pakikipag tulungan ng mga bayaran dyan sa comelec with comelec chairman Andres (de saya) Bautista at ng smartmatic. ilan bilyon piso kaya ang binayad ng mga yellowtard LP at ang kanilang leader na si yellowtard Nonoy? Sigurado ang pera, galing sa kaban ng bayan at sa mga drug lords na kakutsaba nila! LENI ROB-REDO BILANG NA ANG ARAW MO SA PAGIGING BISE PRESIDENTE, KUNG MAY DANGAL KA, MAG RESIGN KANA VOLUNTARILY PARA BUMALIK ANG PAGHANGA NG IBANG MAMAMAYAN SA IYO…

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