Bongbong to sue Smartmatic, poll execs
THE CAMP of Sen. Ferdinand Marcos Jr. will file on Tuesday another set of criminal cases against Smartmatic executives and a Commission on Elections (Comelec) IT representative for their unauthorized script change in the poll body’s transparency server.
In a statement, the Marcos quick count center head and lawyer, Jose Amor Amorado, said the complaint of violation of the Cybercrime Prevention Act of 2010 against the three Smartmatic executives and the Comelec’s IT officer was premised on, “res ipsa loquitor (the thing speaks for itself).”
“We will file the appropriate complaint for violation of the cybercrime law against Smartmatic and Comelec IT representative in the transparency server for opening the system without authority of the Comelec and instituting changes in the script,” Amorado said.
According to Amorado, to be included in the complaint to be filed in the Manila prosecutor’s office are Smartmatic executive Marlon Garcia, project director Elie Moreno and technical support member Neil Banigued, and Comelec IT officer Rouie Peñalba.
The lawyer attributed to the four officers the unauthorized script change in the Comelec’s transparency server on the night of the polls.
Offenses that affect the confidentiality, integrity and availability of computer data and systems, including “illegal access of any part of a computer system without right,” were punishable under the Cybercrime Prevention Act’s Section 4 of Chapter 2, according to Amorado.
The lawyer said the Marcos camp had enough evidence, including public documents and Comelec pronouncements that the script change was unauthorized, to pin down the Smartmatic executives and Comelec IT representative.
He said the Marcos camp would also seek a hold-departure order against the Smartmatic executives when the case was filed in court.
Amorado said his group would also ask Congress to set aside questionable certificates of canvass (COCs) to give way to the canvassing of valid COCs, citing several reports of amended COCs. Jeannette I. Andrade
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