Dismissal of cyber crime case horrible – Marcos


Describing as “horrible” the dismissal of a cyber crime case filed against technology provider Smartmatic and the Commission on Elections (Comelec), the camp of former senator Ferdinand Marcos Jr. on Thursday said they will seek reversal of the decision before the Department of Justice.

“Despite the express and categorical admission made by the Comelec IT personnel, Mr. Rouie Penalba, of his lack of authority to allow any tweaking of any component of the AES, the Office of the City Prosecutor of Manila still ruled in favou of Smartmatic and dismissed the case filed by Abakada Rep. Jonathan dela Cruz,” Vic Rodriguez, lawyer of Marcos, said in a statement.

“For us, the issue of the complaint was simple–were Comelec and Smartmatic authorized to change the system at the height of the transmission of votes on May 9, 2016? With the admissions coming from Comelec officials, including Chairman Andres Bautista himself, that no authority was given to change the script on the night of the elections, it would have been an easy decision for the Manila Prosecutors’ Office to make a finding of probable cause to charge the respondents with the violation of the Cyber Crime Law,” he added.

In a 27-page resolution, the city prosecutor panel dismissed the charges against Marlon Garcia, head of Smartmatic technical support team; Elie Moreno, Smartmatic project director; Neil Baniqued, Smartmatic team member; and Rouie Penalba, Comelec information technology officer, for insufficiency of evidence.

“To our mind, compliance or non-compliance on the “Protocol of Escalation” or the intention of replacing a character in the system supposedly for “cosmetic change” would have been best ventilated in a full- blown trial of facts and not on a party’s mere invocation as a matter of defense. The same should have been afforded to establish that such a forbidden act of ‘tweaking’ was indeed undertaken with malicious intent,” Rodriguez said.

He added that the panel prosecutors, however, looked the other way, took the defense of Smartmatic and Comelec personnel at face value and completely downplayed the admissions on the unauthorized change.

Rodriguez said the former senator will not take it sitting down.

“Marcos would like to reiterate that he will not stop until the whole truth in the conduct of the last elections is revealed and all vote cast are properly counted,” he added. JAIME R. PILAPIL



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  1. Dear BBM,

    Hindi ka tutulungan ni Pres. Digong diyan. His loyalty is still with the Aquinos who appointed him as CEO in 1986 by Tita Cory. Sorry BBM….but noone will be at your side except for the LOYALISTS.

  2. If Pres. Duterte will help solve the alleged cheating, it would be better, kaso sa WAR ON DRUGS siya nag co-concentrate. I am very sure he will not do or say anything. He already accepted Leni Robredo as his duly elected VP.

  3. Very very dissapointed of the decision. Lots of evidence na dinaya talaga si Bbm but why the justice system in thw Philippines is so unfair and sets only for the yellow oligarch. Its ao obvious naman eh na hindi talaga nila papaburan si Bbm kc mga appointed sila ng mga dilaw. They served only to the yellow system of government not for the people. Nakakahiya even the world waa watching it for the result and they are hoping that Bbm will win kc makikita mo talaga ang lantaran nilang pandaraya plus the smartmatic guy Garcia says na ginalaw nila ang server so bakit nadismiss? Justice system in the Philippines sucks! So shameful.

  4. Just now! Smartmatic serious issues in the US election a few days from now. The name of George Soros has been dropped, and so is the name of Smartmatic Chairman Lord Mark Malloch-Brown who figured in PH election related visits. No repercussions to PH election issues? C’mon! Watch ‘Smartmatic Caught Lying About Voting Machines’ https://www.youtube.com/watch?v=5eYZHeYhATg

  5. No, don’t take it sitting down. The future of PH democracy lies in these things so we cannot just shrug our shoulders every time rigged elections happen. The decision for such a very serious case that affects the lives of millions of Filipinos cannot be entrusted to an apparently corruptible city court to decide. Simply unacceptable, a dangerous subversion of the democratic process. NO!

  6. Dear BBM,

    That is how it is in the PH. Do you know that in my Barangay, the Comeleak Paloy was said to be with NBI now?–> We have sources saying that he is working as their asset/ IT trainee :P

    Now, tell me where could people go for Justice? :P