SENATOR Ferdinand Marcos Jr. on Monday said he has enough evidence and data that will indicate discrepancies during the early hours of the unofficial canvassing for the vice presidential race that need to be clarified by the Commission on Elections (Comelec) and technology provider Smartmatic.
In fact, his camp will be filing more criminal complaints against Smartmatic executives and an IT representative of the Comelec for their unauthorized change of the script in the transparency server of the poll body on the night of the elections.
Jose Amor Amorado, head of the Bongbong Marcos (BBM) Quick Count Center, said a complaint for violation of the Cybercrime Prevention Act of 2010 (Republic Act or RA 10175), specifically Section 4 of Chapter II of this law, will be filed today at the Manila Prosecutor’s Office.
Amorado noted that RA 10175 punishes offenses that affect the confidentiality, integrity and availability of computer data and systems, including “illegal access to any part of a computer system without right.”
According to him, they have enough evidence to pin down Smartmatic executives and Comelec IT representative based on public documents and the pronouncement by no less than the Comelec that its interference in the system had no authorization.
He said they will seek the issuance of a Hold Departure Order (HDO) against the Smartmatic executives.
A criminal complaint for the violation of RA 8436 as amended by RA 9369 or the Automated Election Law was earlier filed by Abakada party-list Rep. Jonathan dela Cruz before the Comelec against Smartmatic executive Marlon Garcia; Smartmatic project director Elie Moreno; Neil Banigued, a member of the Smartmatic Technical Support Team; and Rouie Peñalba, IT Officer of the Comelec, for their unauthorized script change.
Amorado said they will ask Congress to set aside questionable Certificates of Canvass and allow the canvassing of untainted COC.
Marcos also on Monday delivered a privileged speech on supposed irregularities that happened during the recently concluded national and local elections.
“This is not a fishing expedition, it is something that is clearly in aid of clarifying the irregularities that were clearly seen and admitted to by both the Comelec and Smartmatic,” the senator pointed out.
Marcos said they have reports, analyses and statements from witnesses and whistleblowers who decided to come clean about their part during the May 9 elections.
He added that he will make a detailed presentation of the irregularities at the proper time and place.
“I don’t think that an interpellation in the plenary floor is the place to do it. I think that when the canvassing starts, these will be detailed to the canvassing board,” the senator said.
In his privileged speech, Marcos blasted the Comelec for “turning a blind eye to the quantum of proof that is before them.”
He said the poll body has not replied or acknowledged his request to allow his IT experts to examine their servers.
Marcos even cited the case of the late Fernando Poe Jr. or FPJ when his camp raised several questions during the official canvassing of votes after the 2004 elections, wherein the latter’s queries had been “noted” by the Board of Canvassers.
“Unlike FPJ, it has not even been “noted,” the senator said of his request.
Marcos noted photos and videos of election fraud such as the thousands of pre-shaded ballots found in an abandoned warehouse in Alaminos, Pangasinan, unused SD cards found in a trash can in Kabangkalan, Negros Occidental, as well as a video on election fraud in Datu Ampatuan, Maguindanao.
“All these reports give us a clear sense of how the terrain of our electoral process has evolved since automation. Now, it is clear that we are waging the battle on two fronts, on the ground level and in the field of computer science and programming,” he said.
“However, I humbly but firmly reiterate my strong reservations in the canvassing of the results of the vice presidential elections, on the basis of electoral irregularities on the two fronts that I mentioned,” Marcos added.