Criminal complaint filed vs Comelec's 'interference' in May 12 elections
A criminal complaint was filed on Thursday, July 10, before the National Bureau of Investigation (NBI) against the Commission on Elections (Comelec) for alleged interference during the midterm elections last May 12.
The group of complainants claimed that the Comelec committed 55,874,700 counts of violation of system interference under paragraph 4, Section 4 (a) of Republic Act (RA) No. 10175, the Anti-Cybercrime Law.
It alleged that the Comelec is not authorized by law to manipulate or interfere with the AES (Automated Election System) when it installed an intermediary server or system, in Data Center 3.
It explained that the poll body committed system interference by changing or substituting the certified and audited software program version 3.40 to an uncertified and unaudited program version 3.50 that were installed and used by the 110,000 automated counting machines (ACMs) nationwide.
Thus, it told the NBI that the Comelec is guilty of 110,000 counts of system interference for each of the 110,000 ACMs used nationwide where the software program was changed from version 3.40 to 3.50.
At the same time, it alleged that the Comelec committed system interference when it unlawfully routed, consolidated, and processed 55,874,700 votes, through the unauthorized intermediary server or system in Data Center 3, before transmitting the manipulated or altered results of the 5 Transparency Servers.
The complaints were led by lawyer Alexander L. Lacson, one of the convenors of the groups Alyansa ng Nagkakaisang Mamamayan and Council of Church Leaders for National Transformation.
The other complainants are Bishop Gerardo A. Alminaza, Bishop Josel Colin Bagaforo, Bishop Efraim Tendero, Bishop Roberto O. Gaa, former Comelec commissioner Augusto C. Lagman, retired BrigGen. Eliseo M. Rio, former Financial Executives Institute of the Philippines presidents Franklin Ramon F. Ysaac and Edwin V. Fernandez, Baguio City Mayor Benjamin B. Magalong, retired Armed Forces of the Philippines (AFP) chief of staff Gen. Generoso S. Senga, retired MajGen. Wilfredo D. Franco, retired BrigGen. Alejandro Camagay, Intelligent Youth Corporation president Roberto D. Yap, Fr. Wilmer Tria, former Comelec official Melchor G. Magdamo, and Reina Mercedes, Vice Mayor Jeryll Harold Respicio of Reina Mercedes town in Isabela.
Named respondents were Comelec Chairman George Erwin M. Garcia; Commissioners Aimee P. Feralino-Ampologuio, Rey E. Bulay, Ernesto Ferdinand P. Maceda Jr., Nelson J. Celis, Maria Norina Tangaro-Casingal, and Noli R. Pipo; and officers of the Comelec’s Information Technology.
“We just want to establish kung merong (if there is) criminal culpability on the part of Comelec,” Lacson said after the filing of the complaint.
Lacson emphasized that his group is not seeking the nullification of the results of the May 12 elections.
He stressed that they merely wanted to know if there were cheating, manipulation or alteration of election results.
He also said his group will seek a Senate investigation so they could present fully their allegations in the complaint.