Metro Manila (CNN Philippines) — A supporter of vice-presidential candidate Ferdinand “Bongbong” Marcos Jr. filed a complaint against several Smartmatic and Commission on Elections (Comelec) officers on Friday (May 20).
ABAKADA Party-List congressman Jonathan dela Cruz named Smartmatic Project Head Marlon Garcia, Philippines General Manager Elie Moreno, Technical Support staff Neil Banigued, and Comelec I.T. Officer Rouie Penalba as respondents.
Dela Cruz accused them of breaking the automated election law when they accessed and edited the script of the transparency server on the night of May 9 without the Comelec’s permission.
Data from the transparency server form the basis of the unofficial parallel count carried out by the Parish Pastoral Council for Responsible Voting (PPCRV).
The law prohibits making changes to the election system unless authorized by the poll body.
Dela Cruz said he wanted the Comelec to look into the possible criminal liability of the respondents.
Both Comelec and Smartmatic had admitted the script alteration did take place, but they insisted it did not affect the vote count.
“If the results that come out of this unofficial partial count, which is already 96 percent, will vary from the official canvass, there will be a problem,” said dela Cruz.
Comelec Commissioner Rowena Guanzon earlier said Smartmatic broke the poll body’s protocol when Garcia made changes to the server script.
“This is very clear. This is an accusation of an irregularity. Now whether or not this irregularity had an effect on the results, that remains to be seen,” Marcos lawyer, Jose Amor Amorado, said.
