Rep. Jonathan Dela Cruz (left) and Atty. Jose Amor Amorado file complaints against 4 Smartmatic officials and 3 COMELEC I.T. personnel on the issue of unauthorized introduction of a new computer program into the COMELEC’s transparency server during election day.
Four Smartmatic officials and three COMELEC I.T. personnel are now facing charges for violations of Republic Act 10175 or the Anti-Cybercrime Law.
This morning, the camp of Sen. Bongbong Marcos filed charges before the Manila Prosecutors Office against Smartmatic’s Marlon Garcia, Elie Moreno, Niel Banigued and Mauricio Herrera.
Also charged were COMELEC I.T. personnel Rouie Penalba, Nelson Herrera and Frances Mae Gonzales.
They were charged with illegal access, data interference and system interference for the unauthorized introduction of a new computer program into the COMELEC’s transparency server during election day.
The camp of Senator Marcos claims this is obviously illegal because it was done without permission from the COMELEC en banc.
The same goes even assuming that it was only a cosmetic change and it has no effect on the canvassing.
“At the very least, that particular introduction of the new script is a violation,” said complainant Rep. Jonathan Dela Cruz
Marcos’ camp also claimed there was conspiracy between Smartmatic and COMELEC personnel.
They said it would be impossible for Smartmatic to introduce the new program had not the COMELEC personnel given their password.
Marcos’ legal counsel, Atty. Jose Amor Amorado said, “Actually, that is what is surprising. This I.T. personnel under the I.T. Department of COMELEC have the courage and temerity to allow Smartmatic to access the system, give Smartmatic the password of COMELEC making it possible for Smartmatic, particularly Marlon Garcia, to introduce the script,”
In his earlier memorandum to COMELEC, Rouie Penalba has denied ordering Garcia to alter the script and replace letter “ñ” with “?”.
The Smartmatic has also clarified that the alteration in the program was done in full view and was announced to several people in the PPCRV transparency center.
Smartmatic is yet comment on the charges filed by the camp of Senator Marcos.
(RODERIC MENDOZA/UNTV News)