HEARING AT PROSECUTOR’S OFFICE TOLD:

Smartmatic engineer in cyber case flees

30

A Smartmatic engineer named as a respondent in a cybercrime complaint filed by defeated vice presidential candidate Sen. Ferdinand “Bongbong” Marcos Jr. has left the Philippines, a hearing before the Manila Prosecutor’s Office was told on Friday.

The engineer, Mauricio Herrera, has left the country and is now in Panama, according to Marcos’ political adviser and Abakada party-list Rep. Jonathan dela Cruz, who is also one of the complainants.

Marcos had earlier filed a complaint against Smartmatic, including Herrera and the other engineers, for commiting a security breach by changing the script of the computer system without the consent of the Comelec en banc during the votes’ transmission.

The Comelec has denied that there was any manipulation of transmission of votes even with the change of script.


It was not known when the Smartmatic engineer left for Panama.

All respondents were present except Herrera. Despite that, however, Deputy City Prosecutor Rector Macapagal instructed his lawyers to submit the respondent’s affidavit on July 4.

Cruz could not give more details on Herrera’s background.

The engineer’s companions at Friday’s hearing declined to give any comment when asked by reporters.

In attendance were Marlon Garcia, who is from Venezuela and heads the Smartmatic operations, Elie Moreno and Neil Baniqued of Smartmatic, technology provider to the May 9 elections.

Smartmatic is represented by lawyers from Angara, Abello, Concepcion, Regala & Cruz (ACRA) law office.

From the Commission on Elections (Comelec), those present were Rouie Peñalba, Nelson Herrera and Frances Mae Gonzales.

Dela Cruz said they were surprised at how Herrera was able to leave the country when they had asked the Comelec to place all the respondents on a watch list of the Bureau of Immigration and Deportation (BID).

At the hearing, respondents from the Comelec and Smartmatic submitted their sworn affidavits.

The Marcos camp was also instructed to submit its response to counter-affidavits of the respondents.

“We will review their answers to our complaints. The main question there is, ‘Do they have the authority to change the hash code at the height of the transmission of votes?’” dela Cruz told reporters.

The cybercase stemmed from an admission of Smartmatic and the Comelec personnel that they changed the hash code in the evening of May 9 when Marcos was leading Leni Robredo by almost 1 million votes.

After the hash code was replaced, the transmission stopped for almost an hour and when it resumed the margin of Marcos declined continuously until he was overtaken and the Bicolano lawmaker’s margin was steady at 200,000 votes.

Marcos claimed that the respondents committed security breach because they were not allowed to change anything in the program without the consent of the Comelec en banc, especially at the height of the transmission of votes.

The Comelec denied that there was any manipulation.

But Marcos insisted that they violated the Cybercrime Prevention Act of 2010 or Republic Act 10175.

Aside from this case before the Manila fiscal’s office, the senator is set to file an electoral protest before June 30 before the Presidential Electoral Tribunal.

Marcos also submitted a motion before the Comelec to allow system audit of all servers, including the alleged “queue” server, which was allegedly used to manipulate the results of the May 9 polls.

The Ilocano senator claimed he is the real winner of the vice presidential elections and that if the counting of votes were correct he could win by a margin of 3 million votes.

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30 Comments

  1. The logical reason why this Smartmatic guy was able to escape is that somebody close to PNoy or PNoy himself allowed the guy to leave. This somebody close to PNoy is no other than Chief Andy Bautista, who else.

  2. his was my upload before we filed the petition.
    THANKS BE TO GOD, THE PETITION FOR MANUAL RECOUNT HAS BEEN GRANTED,
    The manual recount for municipal councilors of Sta. Josefa shall start on July 11 onwards at RTC Branch 6!!!
    Sta, Josefa shall be on the national political map!!!!
    SALAMAT SA DIYOS!!
    Good evening Friends.
    If the computer manipulated results in the elections is not checked and the responsible not punished. who will again benefit from it in the next elections? Some say the admin of Digong will surely benefit from it since it is in power and good for me because I was his supporter during the just concluded elections. But shall we allow this fooling of our people to continue or rather we should put an end to it?? If Duterte puts an end to this scam which makes fun of our sacred votes, this might be one of the greatest legacy of the Duterte administration.
    Our humble contribution to our country from a small town in Sta. Josefa, Agusan del Sur is our petition for a manual recount which we will surely file soon. Winning candidates need not be nervious since we are not against them. We are against the machine used during the elections and perhaps as a result implicate some public servants involved in the irregulariites during the elections. If there was nothing to hide, everybody should be interested in the conduct of the manual recount we are petitioning. Personally I am more interested in the discovery of some failings in the SMARTMATIC than in assuming office. This is my humble contribution to the nation. I just would like to pay tribute to the witnesses who courageously came forward in support of our petition. I would like also to pay tribute to the voters who are on a nightly vigil guarding the ballots at the municipal hall of Sta. Josefa here in Agusan del Sur. My admiration too for my co petitioners who accompany me in this heroic and noble fight. I also would like to pay tribute to Lito David my kumpare, our lawyer who would soon be assuming a national office and of course Atty Glenn Chong who is in the forefront in exposing anomalies in our election computarization all of whom are supporting us.
    Hope this concern reaches the ears of Mayor Digong and hope that all well meaning people all over the country including those outside the country will also help. Many politicians complain but do not act, perhaps because they have not realized still what hit them during the last elections or perhaps they do not trust enough our judicial system which I can not them blame them completely.
    For me, computerization is a virus in our electoral process. This will be evident during the manual recount we are petitioning. after which we shall seek damages from the responsible to demonstrate that the Filipino voters should not be taken for granted.
    Part of the tuition of my children I am using for the petition is what my children say is our humble share for the good of our people.
    We in Sta. Josefa are the guinea pigs that will unravel the downside of the computerization of our elections.
    Good day Friends and God bless us all!!

    • DIrek Jared Okri on

      Such courageous act sir. Kudos to you and to all who supported and will support you for this cause. You might be “guinea pigs” but the purpose of allowing yourselves to be such is akin to a lion – leading its pack towards honest and clean election.

      Mabuhay po kayong lahat!

    • Fely Angeles on

      If only to unravel the “mystery” of the just concluded election, if there was any, every freedom-loving Filipino got no reason not to support your cause..I fully agree with you that our vote is sacred, therefore it must fully respected by all. Those found responsible for the “mystery” should be held accountable to the fullest extent of the law.

  3. Correct that the 3M undervotes not necessarily all for BBM, but these are the votes that were used to balanced the dagdag-bawas scheme because if they are not going to do this, the total number of votes will exceed the total number of voters that voted on May 9 elections. However, it is very difficult to balanced and that is the reason that there are over 3M undervotes. Kung kailan shading na lang ang pagboto ganyan karami ang hindi bumoto sa VP kaya hindi kapani-paniwala? Mas mahirap naman ipaliwanag ng Comelec kung mas maraming boto ng VP kesa mismong bumoto nong election, dahil masyadong halata na nadagdagan ang boto!…

  4. Very misleading headline. The word “flees” implies “guilt”; yet only the first hearing or meeting of the complainants and respondents has taken place and “due process” has not even started. No wonder the incoming President-elect R. Duterte is wary and suspicious of journalists and the media. A news report that should be factual and objective is presented in a biased manner. The Court has not come up with any decision on the issue against Smartmatic, and the whole case is really just on a preliminary stage; yet, the report suggests that the engineer is guilty and decided to “flee”. It borders on propaganda and is aimed at shaping the reader’s opinion. A reporter is not an opinion writer. This is dishonest reporting.

    Just because Senator Bongbong Marcos’ political adviser Rep. J. dela Cruz, – another complainant against Smartmatic – stated that he and his team “had asked Comelec to place all the respondents on a watch list of the Bureau of Immigration and Deportation (BID)”, this doesn’t mean that Comelec had to comply since the Commission has its own mandate, rules and regulations. Who the heck is dela Cruz and who is Senator Marcos to dictate to Comelec? Marcos and his team are your typical Pinoy complainants who rationalize their election loss to “cheating”. They cannot accept defeat, and instead of following the correct procedures to file an election protest, they first go to the media to voice their unsubstantiated cheating claims hoping to gain sympathy from the public. Unfortunately for them, times have changed, and people are no longer misled easily. Comelec is not subservient to these complainants. Marcos should just file an election protest and be done with it. Let the process proceed. This constant mounting off before the media is getting tiresome. Let Comelec hear his petition, and should he lose, he should just bring the case before the Supreme Court (SC). Given the revisionist inclination of SC CJ M.L. Sereno and her Gang of Nine, who knows what could happen? He just might win as did Lying Grace Poe-Llamanzares who was allowed to run as a presidential candidate by the SC at the expense of the Philippine Constitution!

  5. Pupkpukan ang laban at iniisip ng bugok na bobong marcos na dinaya siya,dahil yung pandadaya ay expertise nila during martial law,,Saka grabe ang bebeg ni bobong marcos,,pero walang utak,,Hindi ka DINAYA bobong marcos..TINALO ka,,,,nag kakaron na ng kasiraan ng isip ang taong bata,,dahil araw araw kinagagalitan ni madame imelda…bakA DAW DI NIYA BINAYADA LAHAT ANG PERANG BIGAY SA KANYA NA PAMBILI AT PANSUHOL SA MGA TAO….

  6. Dapat lang na hanapin ang katutuhanan, may batas na guide at hindi sila ang batas tama na subra na ang pagmamanipulate

  7. Allen llamar on

    What kind of questions is that? in how Herrera able to get out of the country, probably you Comelec people just pretending that you don`t know. What a joke…

    I`ll give you a hint ask Noy noy Aquino, since it`s his uncle that heads the NAIA at the moment.

  8. Corabel Ybanez Diel on

    Elpidio: and your vote was not given to Leni, ,as is perceived by the Marcos camp..

  9. Cyrie letada on

    Bong2 Marcos tama na ng dada mo aminin mo na talo ka. Majority of the voters are against you and your family. Ibagsak ang mga Marcos

  10. Alam ng Lahat na matagal na tayong niloloko ng smartmatic na Ito ngunit bakit ngayon Lang napakalakas ng Ingay Dahil ba Marcos ang apektado?

  11. When Former Pres. Gloria M. Arroyo and husband were about to go abroad , the BS Aquino government was able to stop it .

    How come that Mr. Mauricio Herrera , “ALTHOUGH UNDER A WATCH LIST” , was able to leave the Philippines before facing the Manila Prosecutor’s Office where he is one among the respondents ?

    Talagang hindi nagsi-sinungaling si Benigno noong ipinangako niyang gagawin niya ang lahat na paraan , upang hindi mananalo si Sen. F. P. Marcos Jr. sa election.

  12. Misleading yang “Flees” sa title. Parang gustong palabasin na ‘tumakas’, dahil wala lang sa bansa. Ang mga taong ito, being an employee of an international firm, do not just linger in a foreign country doing nothing, waiting for someone to get their act together. May mga trabaho ang mga ito, at normal lang na gawin ang trabaho nila, outside of their previous country assignment.

    What is this article’s main objective? To mislead the public?

  13. Smartmatic engineer in cyber case flees, The engineer, Mauricio Herrera, has left the country and is now in Panama
    ——————————————————–

    Comelec chief Andres Bautista saying no one from Smartmatic has expressed intentions to leave.
    Bautista added that there is yet no need to coordinate with the Bureau of Immigration about the matter.

    How about now dumbass ?

    • Are we to assume that the ex-pat has no other job assignment outside the Philippines and should just stay here and waste his time with an allegation that the ex-pat knows is to be untrue? If he doesn’t stay, then let’s jump to the conclusion that he “fled”, and that if he “fled”, let’s jump to the conclusion that he is ‘guilty’.

  14. ernie del rosario on

    May “enye” script tapos may “Q” server. Ano ba ito bina-barbecue ang eleksyon natin ? Tatlong eleksyon na tayong pinakakaing pilit ng Venezuelan barbrque kahit mapait ang lasa. Tanggap naman tayo ng tanggap. Bakit di natin sila masipa-sipa ?

    • Roman Rivera on

      Is their a problem if we pattern our voting system with US, Canada or Australia? PCOS machines are huge and unreliable?

  15. Elpidio Montebon, Jr. on

    Bbm i think bbm is of the opinion that undervotes belong to him. I don’t so. For example, i simply forgot to vote for the vp. It did not mean however that i would have voted for him. No way!

    • danny cascolan on

      Lol so it is normally possible that there are 3 million voters like you who forgot to vote on the vp? You are really exveptional.

    • Well, in fact it could even be for Leni, but the number of undervotes is simply too large.

    • There’s no way that BBM said the under votes were his votes! All I heard was an speculation, the that Yellow Master manipulator (B.S. Aquino) and co-conspirator might have filled the under votes for Lenin Rob-redo (hired manipulators/programmers too being used to cheat by using VCM in a secluded place just to fulfill the wishes of Mang Abnoy!

    • Corabel Ybanez Diel on

      Elpidio: That is precisely the point of the protest – to find out among others that the likes of you g indeed are that many, among others..-

    • Wala akong pinapaborang kandidato. Pero, Bakit,ikaw lang ba di bumoto?Anyway, sa amin sa Construction.As a Consultant, we do not accept a delivered equipment na tampered sabihin man natin na di yan nakaapekto.Any delivered equipment that was found out tampered, will not be accepted by us.The INTEGRITY of the equipment is tainted that will cause the invalidity of the equipment Warranty. In my opinion,parehas lang yan sa ginawa ng Smartmatic. Peace Bro.

    • chromaticfrog on

      i agree that the undervotes don’t necessarily belong to bongbong marcos. i disagree with your reasoning that people simply forgot to vote for a vice president, for two reasons:

      a) are you asking me to seriously believe that three million filipinos refused to vote, or forgot to vote, for a VP during the 2016 elections? that goes against mathematics and common sense. i can see two, or three, or even twenty people refusing to vote for a VP in the biggest election in modern filipino history. but three million? that’s absolute nonsense.

      b) filipinos aren’t that careless or stupid. and they certainly aren’t forgetful.