Group asks BI: Stop Smartmatic, Comelec people from leaving PHL

A poll watchdog group has asked the Bureau of Immigration (BI) to prevent 10 people from leaving the country for their alleged role in the controversial script change in the Comelec transparency server that receives precinct-level votes.

In a letter dated June 2, election watchdog "Mata sa Balota" urged BI Commissioner Ronaldo Geron to issue a hold departure order (HDO) against the following personalities:

• Cesar Flores -Smartmatic-TIM president for Southeast Asia
• Heider Garcia- Smartmatic official
• Marlon Garcia - Smartmatic Philippines project manager
• Elie Moreno - Smartmatic project director
• Neil Banigued- Smartmatic technical support member
• Mauricio Herrera - Smartmatic technical support member
• Andres Kapunan- Smartmatic Mindanao
• Rouie Peñalba- Comelec IT personnel
• Nelson Herrera - Comelec IT personnel
• Frances Mae Gonzales- Comelec IT personnel

The group said these people are facing several criminal and administrative complaints filed before the Office of the Ombudsman, Manila Prosecutor's Office. They are also under investigation by the Comelec.

"We are hoping for your favorable and prompt action on this urgent matter, considering the impact and importance of this issue on the Filipino people, concerning the transparency, accuracy and integrity of the 2016 national and local elections," part of the letter read.

However, the BI has no power to restrict the travel of a person unless a court, upon finding probable cause to set the case for trial, orders them to do so.

The BI can only monitor the whereabouts of a respondent in a criminal complaint once a lookout bulletin is issued by the Department of Justice.

Smartmatic, the poll technology provider, also assured the public last month that none of its officials have the intention of leaving the Philippines while the Comelec investigation is ongoing.

Faced by the legal dilemma that the HDO request seemed to have been filed prematurely, Mata sa Balota convenor Rodolfo Javellana Jr. told reporters on Saturday that their goal is just to alert the BI about the pending complaints.

"Gusto lang namin i-alarm ang BI. Minadali lang namin para malaman ng publiko na may mga tao na dapat managot na hindi dapat makalabas kaya po natin finile ang sulat na 'yan," he said at a press conference in Quezon City.

The script change, which corrected the “?” character into “ñ” that appeared in the names of some candidates, was made without clearance from the Comelec en banc.

The poll body, however, assured that the change was merely cosmetic and did not affect the results of the May 9 elections. 

But the change in the script had been criticized by the camp of vice presidential candidate Ferdinand "Bongbong" Marcos, saying that the change also "altered" the hash codes of the Comelec's packet data.

It claimed that Marcos' lead over Rep. Leni Robredo of about one million votes began to erode "at a rather distinctive pattern" after the script was introduced.
—LBG, GMA News