Nov. 12, 2016
CASES VS. SMARTMATIC, COMELEC MUST PROCEED!
A story in thestandard.com.ph quoted Bongbong
Marcos’ campaign adviser and former
ABAKADA Party-List Congressman Jonathan dela Cruz ’as enumerating the reasons
why cases he had filed against personnel of Smartmatic and Comelec should proceed
instead of being dismissed by the Office of the City Prosecutor in Manila.
Among others, the Office of the City
Prosecutor had reasoned that Dela Cruz had failed to present evidence that the alteration
in the script of the transparency server had compromised the integrity of the
elections, and that there was also no evidence of an intention on the part of
the respondents to compromise the transparency server. .
Dela Cruz countered that under the Cyberbrime
Prevention Act, intent or good faith was immaterial and “the mere commission
thereof amounts to a breach in the confidentiality, integrity and availability
of computer data and systems.” By assuming that no damage had been caused by the
alteration, Dela Cruz emphasized the change was made without right or authority
as admitted by Comelec commissioners, which is punishable under the Cybercrime
Law.
Dela Cruz also rejected the city prosecutor’s
ruling that the script change was with “mplied” right under the principle of Protocol
of Escalation. He said the Principle did not apply because the matters raised
in the script change pertained to incident management and not to change
management.
Simple but very well explained. Judge for
yourselves, guys.30
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