Marcos camp to file cybercrime charges vs Smartmatic, Comelec

The camp of vice presidential hopeful Senator Bongbong Marcos file a criminal case vs Comelec and Smartmatic. FRANCES MANGOSING/INQUIRER.net FILE PHOTO

The camp of Sen. Ferdinand “Bongbong” Marcos Jr. said they will file a new set of criminal cases against Smartmatic and Commission on Elections (Comelec) officials on Tuesday for introducing the script change in the transparency server on the night of the May 9 national elections.

A complaint on the Cybercrime Prevention Act of 2010 (RA 10175) specifically Section 4 of Chapter II will be filed at the Manila Prosecutor’s Office, Atty. Jose Amor Amorado, head of Marcos’ legal team, said on Monday.

“We will file the appropriate complaint for violation of the Cybercrime Law before the Prosecutor’s office against Smartmatic and Comelec Information Technology representative in the transparency server for opening the system without authority of the Comelec and instituting changes in the script,” he said.

Amorado said they “have enough evidence to pin down the Smartmatic executives and Comelec IT representative” that the interference in the system was not authorized.

He said the law makes “punishable offense that affect the confidentiality, integrity and availability of computer data and systems including illegal access of any part of a computer system without right.”

Last week, Abakada Rep. Jonathan dela Cruz, Marcos’ campaign adviser, filed a criminal complaint against Smartmatic Executive Marlon Garcia, Smartmatic Project Director Elie Moreno, Smartmatic Technical Support Team member Neil Banigued and Comelec IT officer Rouie Penalba for the unauthorized script change, a violation of the Automated Election System Law.

READ: Marcos camp files criminal case vs Smartmatic, Comelec officials

The supposed script change was linked by the Marcos camp to the overtaking of the senator’s closest rival in the vice presidential race, Camarines Sur Representative Ma. Leonor “Leni” Robredo. Based on the unfinished unofficial quick count, Robredo is leading Marcos by about 200,000 votes.

With the official canvassing of votes later in the week, Amorado said that amid receiving reports of amended certificates of canvass (COCs), they will also ask Congress to set aside the questionable COCs so that the official canvassing will not be delayed.

“We would request Congress that for the questionable COCs, i-set aside muna natin para mabigyan ng daan yung mga unquestionable COC na pwede na i-canvass (they should be set aside so the unquestionable COC could be canvassed). And in the process, we will present evidence why the COCs should be excluded from the canvass,” he said.

“We will not delay kasi ang inauguration naman ng sa President at Vice President ay sa June 30 (because the inauguration of the President and Vice President would be on June 30). We have more than enough time and while nagka-canvass, we still have time for the system audit kasi pwede naman ito simultaneous gawin (because it could be done simultaneously),” he added. RAM/rga

READ: Marcos camp: Grant request for systems audit before canvassing