Jun 8, 2017

Lawyer lauds DOJ for ordering to file charges against Comelec, Smartmatic

Lawyer lauds DOJ for ordering to file charges against Comelec, Smartmatic
“Sa wakas, pinakakasuhan na ng DOJ ang mga opisyal ng Smartmatic at COMELEC (more bad news sa sindikato)”-Atty. Glenn Chong

The Department of Justice ordered thru a resolution on filing charges against the COMELEC officials and SMARTMATIC for altering the script or program of the Trasnparency Server during the 2016 Presidential Elections.



In a 41-page resolution, DOJ orders the City Prosecutor of Manila to file a criminal case in violation to Sec. 4 (a) (1), (3) & (4) of Cybercrime Prevention Act or Republic Act No. 10175 to Marlon Garcia, Project Manager of Smartmatic, Neil Baniqued, Technology Manager of Smartmatic, Mauricio Herrera, Senior Software Engineer of Smartmatic, and three other COMELEC IT experts Rouie Peñalba, Nelson Herrera and Frances Mae Gonzales.

Sec. 4 (a) (1) access of a computer system without any authority, while Section 3 penalizes the intentional and reckless altering of computer data. Section 4, on the other hand, penalizes the act of hindering or interfering with the functions of a computer and computer network by inputting, deleting and altering computer data and programs, without any right or authority.

These violations were due to Marlon Garcia’s unauthorized access to the program of Transparency Server.Garcia admitted the act after they were notified about the misspelled names of candidates. It was Rouie Peñalba notified Garcia and Mauricio Herrera recommended Garcia to access the script and modify the program without the permission of COMELC en banc.



Atty. Chong posted in his Facebook account, “Matatandaan na matapos kinalikot ang script o program sa Transparency Server, kaduda-dudang nagsimulang bumaba ang mahigit 1 milyong boto na lamang ni BBM kay Robredo. Ayon sa mga eksperto, ito ay statistically impossible. Sa loob ng ilang oras lamang, naubos ang lamang ni BBM at nanalo si Robredo.”

Atty. Chong stated that the DOJ dismisses the sworn statement of Smartmatic that the alteration was just “cosmetic change” and does not affect the results of the election. “Ayon sa DOJ, ang Cybercrime Prevention Act ay isang special law kaya hindi elemento sa krimen ang kriminal na intensyon ang mga inaakusahan. Ibig sabihin, kung ipinagbabawal ng batas ang pagkalikot, pagbago, paghadlang at pakikialam sa computer data, system o network, ang paggawa nito ay ang krimen mismo,” he added. Atty. Chong also said that the accused cannot claim that they have no criminal intention in the alteration of script.

The DOJ resolution states that there is enough evidence against the group of Garcia and gave the Manila Prosecutor 10 days to file the said charges.

According to Atty. Chong, both Garcia and Herrera fled and was in Panama this time.

“Makikita natin ngayon kung isusurender ba ng SMARTMATIC ang kanilang mga tauhan na nasangkot sa kasong ito. Makikita rin natin ngayon kung may bisa ba ang pangako ni Chairman Andres Bautista na ihaharap nila ang mga taong ito sakaling makasuhan,” said Atty. Chong.

He concluded that BBM’s position on the said election fraud became stronger.

Source: Glenn Chong



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