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Bongbong Marcos’ Election Protest NOT Enough to Get Rid of Smartmatic for 2019

election




By:

Elena Grace Flores

Filipinos are not over with the Smartmatic nightmare during the election in 2016. However, it might still be the same provider in 2019. Bongbong Marcos’ plight seems not enough. Section 33 of RA 9369 states that the JCOC  must monitor and evaluate the digital election system within six months from the date of the election. Comprehensive assessment and evaluation of the AES technologies must be the basis for the appropriate recommendations to Congress.” The Comelec Advisory Council or CAC never failed to submit its report to the JCOC or Joint Congressional Oversight Committee on time since 2010 until 2016. This is when Marcos questions its integrity in his electoral protest.





Video by; GNN HeartbeatLive

[VIDEO]: TOPIC: THE ARMM RECOUNT GUEST: ATTY. GLENN CHONG – CLEAN ELECTIONS ADVOCATE




Compliance is Overdue

The JCOC has not convened yet to deliberate on the performance of the automated election system or AES after 18 months. Therefore, the AES technology for 2019 midterm elections stays the same. Most of the stakeholders like the AES Watch, Tanggulang Demokrasya, Philippine Computer Society Foundation, Solidarity for Sovereignty, Nationalist Filipinos Against Foreign Intervention, Citizens National Guard, etc. are now urging the committee to act on this.




Accountable People

Ex-JOCC Chairman, Sen. Koko Pimentel and former Comelec Chairman Andy Bautista were reminded of their obligation to promulgate the IRR. Unfortunately, no such action has been done yet. It is also not certain if Pnoy appointee Acting Chairman Christian Robert Lim will do something about it. This is despite clean elections advocate, Atty. Glenn Chong’s noise regarding the 2016 elections fraudulent activities that are not only manual but digital in nature.







Diversity Suggested

Former DICT Secretary and CAC Chair Rodolfo Salalima said that the CAC “envisions the creation of an ecosystem of interoperable. This is where multiple and mixed technologies providers can reasonably participate in election technology in the country’s elections. CAC encourages more diversity. He notes that in the past three elections, the Comelec uses the AES technology from only one vendor which is Smartmatic.

Smartmatic Monopoly

Bautista’s six options for 2019 are all from Smartmatic. Option 1 is 2010 and 2013 PCOS. Next is the purchase of VCMs on lease in 2016. The third is to combine both. Option 4 is the lease of new optical mark reader Smartmatic machines or OMR. Option 5 is the usage of other systems besides an OMR technology. They are still Smartmatic’s DRE technology. Finally, option 6 is to combine any of the five options. Unless the JCOC convenes, these options remain regardless of the progress of Marcos’ protest against Robredo’s victory.

Bongbong Marcos Responds to Robredo: 8,000 Witnesses are Election Officers from BEI

When will the JCOC convene?





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Will Bongbong Marcos Ignore Referral Fees Received by Comelec Chair from Divina, Smartmatic?

referral




welcome By: Elena Grace Flores

Patricia Paz Bautista, the estranged wife of Comelec Chairman Juan Andres Bautista said that her husband received at least P500,000 in referral fees from Smartmatic Corp. This is through Divina Law firm as per the commission sheet. The Chairman denies this by saying that before his election post, he’s already referring real-estate clients to Divina. It already has an existing relationship with Smartmatic. Bongbong Marcos also said that it’s better to investigate the matter than drawing up speculations. He might not want to get involved with the fiasco but he cannot ignore the fact that this allegation supports the first part of his election protest against Leni Robredo that involves the Comelec-Smartmatic anomalies.






Youtube video from; ABS-CBN News

[VIDEO]: Comelec chairman Andy Bautista refuted claims that he received a “referral fee” from DivinaLaw in respect to Smartmatic. He also said that when he became Comelec chairman in 2015, Smartmatic is already the technology provider for the elections.




The Chairman’s Defense

It is unclear when Chairman Bautista received the referral fees. He points out that Smartmatic has been the Comelec’s technology provider since 2010 or five years before he was appointed the chairman of the election body. DivinaLaw is just one of the many law firms engaged by Smartmatic, Bautista added. However, prior to his existing post, he was PCGG Chairman. That is still covered by the law that government officials must not receive favors that can jeopardize their responsibilities for the public.




Impeachment Grounds

Mrs. Bautista also said that her lawyers told her that Bautista could be liable for violation of the Anti-Graft and Corrupt Practices Act and the Anti-Money Laundering Act. They could be grounds for impeachment. She explained that her findings might lead to a much bigger crime. It is not certain if she insinuates Marcos’ protest against Robredo but it is the hottest event right now on the matter.










Legal Proceedings

Kabayan party-list Rep. Harry Roque comments that Bautista’s admission for receiving such fees made him liable for violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act. He is a public official. Therefore, he is not allowed under the law to receive any gift or consideration from anybody who has an interest in his office, Roque said. The National Bureau of Investigation launches a probe into Bautista’s finances. It is not surprising that the commissions from Smartmatic cast doubts on all elections supervised by the Comelec chief.

Law on Evidence

It might be premature for Marcos to get involved in the allegations thrown at the Comelec Chair. Most evidence for his protest is already submitted to PET. Should the legal findings of the proceedings made against Bautista are confirmed positive, these can add as both physical and public evidence on the case. In paper or physical as per law that supports the public’s general interest. The recount will just be a formality.

Andy got P500K from Smartmatic – wife




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Cases against Patricia Bautista also Cloud Bongbong Marcos’ Election Recount

election




welcome By: Elena Grace Flores

Atty. Lorna Kapunan said that the camp of the Comelec chair Andres Bautista is filing several charges against his wife, Patricia Bautista to confuse the public. Kapunan stresses that chairman Bautista is confusing the narrative of the case. He sued his wife for robbery and extortion. A cyber crime case against the lawyer herself is even also filed. With these ongoing, Bongbong Marcos’ election protest proceeding seems to be on a halt. No matter how Leni Robredo’s lawyer, Romulo Macalintal denies it, the Bautista issues also cloud the recount bid of Marcos.






Youtube video from; ABS-CBN News

[VIDEO]: The Bautista family saga continues now with Atty. Lorna Kapunan, the legal adviser of Patricia Bautista, saying that the camp of Commission on Elections (Comelec) Chairman Andy Bautista is trying to “cloud the issue.”




Shooting the Messenger

Bautista’s camp seems to be very busy filing bizarre cases to elude from the real issue of SALN non-disclosure that affects the integrity of the 2016 election. “Because they cannot shoot the message, they are now shooting the messengers. We have a robbery, we have qualified theft, we have extortion, we have libel, and against me, I know, cyber crime,” Kapunan said.




Evidence Tells All

When Mrs. Bautista reveals what she discovers, she has all the evidence. Whereas when Martin Bautista defends his brother, no paper trail is found. “They want to cloud the issue and tell the public that all the evidence has been either manufactured, fabricated, illegally obtained, robbed, raided from a safe. They want to exclude all of these things as evidence in the pending investigation called the Doctrine of the Fruit of the Poisonous Tree,” Kapunan said.










Cloud on Election Protest

Lawyer Romulo Macalintal explains that questions about the integrity of the election can only be proven by discrepancies in the votes cast on the ballots. This includes those transmitted by the vote counting machines. Not by claims that Bautista pocketed commissions from Smartmatic.

Recount

The Marcos camp’s estimate on the recount start is around mid-August. As of this time of writing, there’s no indication yet that it can happen very soon. However, the case of the Bautistas dominate the mainstream media. Therefore, no one can deny that it has no effect on the ongoing Marcos-Robredo electoral protest.

http://news.abs-cbn.com/video/news/08/15/17/charges-vs-patricia-bautista-meant-to-cloud-the-issue-kapunan

http://news.abs-cbn.com/news/08/09/17/will-comelec-chiefs-woes-affect-marcos-poll-protest-lawyer-chimes-in




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Bongbong Marcos: Election Fraud by Comelec Chair Just Speculations, Recount Yet to Start

election




welcome By: Elena Grace Flores

Bongbong Marcos vehemently said that the Comelec Chair’s alleged involvement in his digital election fraud issue with Smartmatic in his electoral protest is just speculation as of now. The recount is yet to start which is estimated to begin in the middle of August but so far, there’s no advice yet to the media on this particular event.






Youtube video from; INQUIRER.net

[VIDEO]: Bongbong Marcos on alleged Smartmatic bribery issue: It’s all speculation.




Suicide Advice

The brother of Comelec Chair Andres Bautista advises the Chairman to go kill himself if corruption allegations against him are true. “I told my brother corruption is bad. So I told him, you know if this is true, you should commit suicide. He denied it, and I believe my brother”, Dr. Martin Bautista said upon his arrival from the US to defend his brother. Psychologically speaking, the doctor just wants to stress on their family’s core value. That, they would rather die than commit corruption. However, in some cases, family members are the last to know.




SALN Anomaly

Martin is also confident that the Comelec chief did not lie about his SALN contrary to his wife’s revelations. “He is that confident that he would not MIS declare his SALN. And that’s why I am here, to back him up,” Martin added. Patricia Bautista insinuates that her husband may have a hidden wealth as she disputes her half of their legal assets. She also shows evidence that Chairman Bautista receives a referral fee from Smartmatic who supplies the VCMs for the digital elections.










Effect on the Election Protest

“Let Secretary Vitaliano Aguirre determine. Let the DOJ and BIR investigate. We only ask for transparency. We are not hiding anything, my brother did not steal anything,” he said. This is also what Bongbong Marcos suggested – to let the authorities investigate the accusations against Chairman Bautista.

Election Doubts

Dr. Bautista pleads that; “This should not taint the elections. This should not cast any doubt on the outcome of the elections. There was no fraud there,” the Comelec chief’s brother added. He may be right about his brother but the recount is yet to start. His opinion on this matter won’t hold the truth. He asked not to judge his brother at this point in time and that is fair. However, he should also refrain from making conclusions with regards to the 2016 election. Especially now that the electoral protest of Bongbong Marcos against Leni Robredo is still ongoing.

http://videos.inquirer.net/?vtnid=OTgwMzU0fHwyMzY4fHwxMTE4fHx8fDV8fA==&pfrm=widget

‘Pakamatay ka na kung totoo,’ brother tells Comelec chair amid controversy




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Not Bongbong Marcos’ Election Protest: Chairman Bautista’s Resignation Crucial on Possible Family Plunder Case

election




welcome By: Elena Grace Flores

Comelec Chairman Andres Bautista hints to resign from office rather than risk to suffer from an impeachment ordeal. He said that he would rather tell the truth. There’s no doubt that it’s a bad time for him after his wife’s testimonies against him but blaming it on politics is not at all believable. Perhaps personal and family malpractices are the ones pulling Chairman Bautista down. Not Bongbong Marcos’ election protest against VP Leni Robredo.






Youtube video from; Rappler

[VIDEO]: Martin Loon, the legal counsel of Patricia Bautista, says Comelec chief Andres Bautista and his relatives may be liable for plunder. This is if the wealth under their name proves ill-gotten.




Messy Impeachment

Bautista feels that an impeachment trial would affect a lot of people, including his children. He stresses that his ultimate goal is to set forth truth and justice to prevail. “If it was just me, sure I would go through the impeachment process in order to vindicate myself. But, at the same time, I recognize that there would be other people who’d be brought in and, going to be messy,” Bautista said.




Comelec’s Integrity

The allegations of his estranged about his supposed P1 billion in ill-gotten wealth and misdeclaration of his 2016 statement of assets, liabilities and net worth (SALN) places the Comelec’s integrity at risk. “I’ve thought about it. But as I’ve said, I won’t stick to any position, private or public, if I deemed that I would be more of a liability rather than an asset to the institution,” Bautista said. “But what I can tell right now is I have done nothing wrong.










Effect on the Election Protest

The lawyer of Vice President Leni Robredo said that the allegations against cannot taint the results of the 2016 polls. “There is no legal nor factual basis to conclude that the personal and serious family feud between Comelec Chairman Andres Bautista and his wife could cast any doubt on the credibility of the entire election. Besides, there is no mention of any fraudulent activity that can compromise the results of the 2016 election,” Macalintal said.

Family in Chaos

Patricia Bautista is aware that her life now is in a firestorm after her disclosure. She always has a peaceful life despite the circumstance of the family disputes right now. She has learned through self-searching activities that develop over time into a gift of sensitivity they call psychic power. It is evident that she is far stronger now emotionally and mentally. Chairman Bautista can defend himself all he wants through the media but the facts remain that malpractices on managing the financial affairs of his family remain questionable. Perhaps, all his relatives who invested in him can be liable for plunder.

Tish Bautista: ‘Quiet life’ for socialite’s daughter

Bautista hints at resigning