The Marcos camp declared an early victory in its cybercrime case against Smartmatic after the Manila Prosecutor’s Office did not allow the election software and hardware provider to conduct a clarificatory presentation in the continuation of it’s preliminary investigation.
Deputy City Prosecutor Rector Macapagal on Thursday turned down the request of Smartmatic led by Valenzuelan Marlon Garcia, head of technical team, and instead ordered him to answer one by one the 37 questions raised by the camp of former senator Ferdinand “Bongbong” Marcos Jr.
“This is a victory for us because the prosecutor did not give in to their delaying tactics. The main argument here is if indeed Garcia touched the server without the consent of the Commission on Elections en banc which he admitted when the 37 questions were read to him by the prosecutor,” Vic Rodriguez, lawyer for Marcos, told reporters, referring to the Comelec.
Garcia admitted the existence of “meet me rooms” where servers were placed.
The Marcos camp earlier revealed the existence of a “fourth server” or the “queue server,” which had been kept secret from the public by the Comelec and Smartmatic.
Rodriguez pointed out that instead of being transmitted directly to the three servers, namely the Municipal Board of Canvassing server, the Comelec server and the transparency server, the results of the May 9 elections were instead coursed through the “queue server.”
But when Information Technology expert Ethan Angeles, on questioning by the panel, defined what the Queue Server was as being a system where all data are consolidated and processed, Garcia immediately denied that there was a server, which had such function, in the automated elections system or AES.
Rodriguez said the admission on the existence of several other servers in the AES validated their earlier contention that Smartmatic was not forthright in the system it employed during the elections, putting the integrity of the polls under a cloud of doubt.
Charged for violation of Section 4(a) of the Cybercrime Prevention Act of 2012 or Republic Act 10175 were Garcia, Elie Moreno, an Israeli 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.