Marcos camp deplores Smartmatic court move

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The camp of former senator Ferdinand “Bongbong” Marcos Jr. on Thursday questioned a move of Smartmatic to exclude members of media from covering hearings before the Manila Prosecutor’s Office.

Complainant Jonathan dela Cruz, an adviser of Marcos and head of Abakada party-list, said the move to ban the media was uncovered after Smartmatic told the prosecutors that they will present a “clarificatory presentation” of the Automated Election System on July 21.

“First of all, there is no need for a clarificatory presentation because the prosecutor’s office is not a trial court. The fiscal’s job is to find out if there is probable cause,” dela Cruz told The Manila Times.

“We will question this move of Smartmatic. This clarificatory presentation must not take place because it is not provided in the Rules of Court at the prosecutor level,” he said.
Smartmatic, a Venezuelan firm, was the technology provider to the May 9 elections.


Media outlets, both print and broadcast, have been covering the case filed by Marcos against Smartmatic right after the polls.

Marcos lost to then-Camarines Sur Rep. Leni Robredo, who was proclaimed winner of the vice presidential race with a 260,000 vote margin over Marcos.

Dela Cruz had filed charges for violation of Section 4(a) of the Cybercrime Prevention Act of 2012 or Republic Act 10175 against Smartmatic personnel Marlon Garcia, a Venezuelan and head of the Technical Support Team; Elie Moreno, an Israeli and project director; Mauricio Herrera, a Panamanian; Neil Banigued, member of the Technical Support Team; and Commission on Elections IT experts led by Rouie Peñalba, Nelson Herrera and Frances Mae Gonzalez for their act of “intentionally altering computer data, without right and altering and interfering with the functioning of a computer and computer network by inputting, deleting and altering computer data and program, without right or authority.”

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4 Comments

  1. Mabait na Pinoy on

    How can the prosecutor’s office find out if there is a probable cause? Dimwit dela Cruz, is confused again and I have a lot of reservations if this guy is really a legitimate lawyer. The prosecutors office asked Smartmatic to response to your criminal complaints, you dickheads, and Smartmatic responded by giving a “clarificatory presentation” in the hope to educate the prosecutors because the charges you have filed are bogus and no basis. You do not even know what you want, and most importantly, you do not know what you are talking about.

    Here is your main complaints, dimwits: “intentionally altering computer data, without right and altering an interfering with the function of a computer and computer network by inputting, deleting, and altering computer data and program without right or authority”. It seems like this type of complaints came from my 7 years old daughter, who doesn’t have enough knowledge about computers, programs, or how a program being executed by computers besides from what she heard from her two older sisters. In other words, it does not pinpoint what, how, where, and what was the exact violation.

    1. There were no altered data and by adding a script program to correct “question mark to enye”, it did not alter any program, functions nor the networking of the computers. Script programs are executed by the existing program and it doesn’t go to the COMPILER to be INTERPRETED.

    2. You said without rights or authority? Listen dumbasses, Smartmatic is the licensed and registered owner of the Hardware and Software that were used in the election. They are the rightful owner of the AES and they were commissioned to run and operate those hardware and software under the supervisions of the COMELEC. Understand that Jonathan??

    3. Networking- There were no problems on the networking and it was configured correctly with security as their top priority. As far as the transmission is concerned, I mean transmission of votes by the VCMs from all over to the main server(s) in Manila, It was beyond the control of Smartmatic and COMELEC. Blame it on the IP provider.

    4. Altering, interfering with data transmission, deleting data on the existing programs, have never existed and never happened – they only existed in the little minds of Marcos’ camp and in the little minds of thousands of Filipinos that Jonathan de la Cruz have brainwashed, made them believed that Marcos was cheated in the May 9 election.

    5. Can you redefine what is a program and what is a data? double check your complaints again because this will only make you looks like a FOOL.