• Marcos camp confident of winning cybercrime case

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    VICTORY IS NEAR Jonathan de la Cruz (left) signs documents during continuation of preliminary investigation of complaint filed by his group against personnel of the Commission on Elections and Smartmatic. PHOTO BY RENE H. DILAN

    VICTORY IS NEAR Jonathan de la Cruz (left) signs documents during continuation of preliminary investigation of complaint filed by his group against personnel of the Commission on Elections and Smartmatic. PHOTO BY RENE H. DILAN

    The camp of former senator Ferdinand “Bongbong” Marcos Jr. on Monday expressed confidence it would win a cybercrime complaint it brought before the Manila Prosecutor’s Office against personnel of the Commission on Elections (Comelec) and vote-counting machine provider Smartmatic, after the respondents failed to prove that they were not responsible for the “hash code” change at the height of the transmission of votes during the May 9 polls.

    At the Manila Prosecutor’s Office, complainant Jonathan de la Cruz, a former representative of Abakada party-list, noted that lawyers of Smartmatic and Comelec assailed instead his competence to testify by saying he had no personal knowledge of the change in script in a computer server that processed election results.

    “I am a complainant not just because I am an adviser of Marcos during the campaign period but also in my capacity as representative of Abakada party-list,” de la Cruz told reporters after the hearing.

    He said the next hearing was set on July 15 at 1:30 p.m.

    “If Smartmatic and Comelec will not submit any rejoinder, the case is deemed submitted for decision,” said Anna Liza Logan, lawyer of the Marcos camp.

    City Prosecutor Recto Macapagal directed the Smartmatic legal team to submit again the affidavit of one of the respondents, Mauricio Herrera, who had left the country for Panama.

    The affidavit of Herrera was only sworn to before a lawyer but the fiscal said it must be sworn to before a consul for it to be valid.

    Other respondents in the cybercrime case, aside from Herrera, are Marlon Garcia, Elie Moreno and Neil Banugued of Smartmatic, and Rouie Penalba, Nelson Herrera and Frances Mae Gonzales of the Comelec.

    Manila prosecutors are conducting a preliminary investigation of the cybercrime complaint that is separate from the election protest filed last week by Marcos to contest the proclamation of the Liberal Party’s Maria Leonor “Leni” Robredo as Vice President.

    If the complaint is found with merit, it will be elevated to the Regional Trial Court and the respondents will be arrested.

    De la Cruz submitted a consolidated reply-affidavit along with documents and news articles containing reports of how the script of the Comelec transparency server was changed, and statements issued thereafter by individuals like Garcia.

    He noted that no less than Comelec Commissioner Rowena Guanzon had admitted that Smartmatic and Comelec personnel “should have asked permission from the en banc” before changing the script.

    The seven individuals are accused of cybercrime offenses as provided under Section 4(a), (3) and (4) of Republic Act 10175 or the Cybercrime Prevention Act of 2012.

    De la Cruz informed Macapagal on Monday that two related cases had also been filed before the Comelec and the Supreme Court (SC), sitting as the Presidential Electoral Tribunal (PET).

    The Marcos camp is urging the Comelec to audit the Automated Elections System to reveal if the servers were used to manipulate the election results in favor of Robredo.

    Justices of the High Court are poised to give due course to the Marcos election protest, which is included in the agenda of today’s en banc meeting, sources in the tribunal told The Manila Times.

    According to a number of SC justices who talked on condition of anonymity, the case filed by Marcos before the SC, sitting as PET, would not be dismissed outright, because the charge of election fraud was a serious matter.

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    8 Comments

    1. THIS IS A SERIOUS MATTER. BBM’s camp should be applauded for pushing through this. We know how the LP manipulated Leni’s way in.

    2. Tony Montoya on

      “Pusong Pinoy” made it clear sa kanyang posting…ewan ko ba kung bakit itong mga Pinoy na nag eenglish ay hindi ma gets ang nasabi na before. Mga pinoy madali na ngang makalimot sa history ng Pilipinas at eto walang magawa kung hindi sumang ayon sa intriga. Mag hanap buhay na lang kayo at be a provider to your family. Then baka may mapala pa kayo and become more productive that way.

    3. Matino na Pinoy on

      The cybercrime complaint brought before the Manila Prosecutor office and the Election protest filed by Marcos before the PET will be dismissed or rule against for lack of evidence. There were no “SPECIFICS” in their complaints and it seems like they are full of “hatred” against COMELEC and SMARTMATIC.

      If readers will direct their attention on the last paragraph of this article, it says “According to a number of SC justices who talked on condition of anonymity, the case filed by Marcos before the SC, sitting as PET, would not be dismissed outright, because the charge of election fraud is a serious matter”. Who made up this statement? this is to show one of the methods they use in brainwashing the public, convincing everybody in population that he (Marcos) was cheated.

      Here is the real truth: The Supreme Court Justices will never talk, “NEVER” to anybody outside the Supreme Court on any of the cases filed before them. Can anybody see how Marcos camp use a carefully phrased words such as “on the condition of anonymity?” or “confident in winning” Nagpapalakas lang sila ng loob.

    4. Pusong Pinoy on

      Wala naman epekto sa pagkatalo ni boingboing marcos ang pagpalit ng hashcode sa transparency server, kasi sa OFFICIAL COUNT, na separate at independent sa unofficial tally by the ppcrv server, malinaw na talo si boingboing.

      Kung ‘tampered’ ang transparency server, bakit parepareho at consistent ang results sa ibang server at sa COMELEC official count? Ibig sabihin noon, walang effect yang hashcode change sa resulta.

      So gagawin nating malaking bagay ang pagpalit ng ñ, mag-aaksaya ng oras, pera, at manpower sa trials para lang mapatunayan na WALA talagang epekto sa resulta ang change of hashcode?

      WALA NA BA TAYONG MAS IMPORTANTENG BAGAY NA DAPAT UNAHIN? Sino magpapasuweldo sa mga government officials na mag-lilitis nitong kaso? Tax Payers????

    5. Leodegardo Pruna on

      Until and after the issue is resolved in favor of one of the parties, the sitting Vice President cannot just take the matter lightly. She may have been proclaimed, but if her proclamation is found faulty, then such could be revisited and revised. What the people is asking if for the SC and the Court to facilitate the resolution of the case. That way whatever hurts the conclusion would make will not be as serious and devastating. God save the Philippines.

    6. fidel S. Pescador on

      God never sleeps nor slumber the truth will come out like a rotten egg…God bless Philippines..