Bautista files cybercrime rap vs estranged wife, lawyer

MANILA - Commission on Elections (Comelec) Chairman Andres Bautista on Friday filed cybercrime charges against his estranged wife Patricia, her lawyer Lorna Kapunan and other John Does for allegedly accessing his emails.

Bautista sued his wife and lawyer for violating the Cybercrime Prevention Act after allegedly going through messages on his iPad, among items that Patricia had retrieved after purportedly ransacking his personal belongings in their house in 2016.

The chairman's wife has used emails on the device as evidence in her allegation that Bautista had P1 billion in undeclared wealth.

Patricia claimed Sunday that she discovered bank and real property documents, and several passbooks under her husband's name that were not included in his 2016 statement of assets, liabilities and net worth.

Bautista denied the allegation, saying his family will hold a press conference "in due time" to shed light on her accusations.

The Comelec chief said items Patricia had made public were taken from a locked cabinet in their house, which she allegedly forced open. He found this out upon returning from an official trip to the United States in November 2016.

He said his wife, with whom he has had marital troubles since 2013, barred him from entering their house at the time.

Bautista on Wednesday filed cases of grave coercion, qualified theft and robbery, and extortion against Patricia. 

The Comelec chief accused his estranged wife of extorting a P620-million settlement, but Patricia said she only sought P260 million.

-- Report from Zen Hernandez, ABS-CBN News

source: news.abs-cbn.com

Binay major loser in presidential debate: analysts

Vice President Jejomar Binay appears to be the biggest loser in the second round of the Commission on Elections (Comelec) debate, analysts claim Monday.

This, after Binay, who had been misinformed by sponsor network TV 5 about being allowed to bring notes to the debate, caused a one-hour delay in the televised program.

Julio Teehankee of De La Salle University College of Liberal Arts (DLSU CLA) said Binay emerged as this round's major loser after the delay controversy “shattered his narrative that he is the most experienced among all of them.”

Teehankee, who likened the exchange to a “political reality TV" said the debate also “shattered [Binay's] narrative that he is the most experienced among all of them.”


During the debate proper, Binay failed to deflect accusations thrown at him by rivals, said Edna Co of the University of the Philippines National College of Public Administration and Governance (UP NCPAG).

Co observed that Binay once again argued on the legality of these allegations, banking on the fact that no material cases have been filed against him.

“In the end, by people’s perception, the way that he defended himself, or not quite effectively defended himself, is that people still hang on to the idea that there is a reason for suspicion,” she said, adding that the whole spirit of debate is handling the issues and rising above it—hence the losing mark.

Both analysts agree that this will adversely affect Binay's survey ratings.

WHO WON DEBATE? 

Teehankee noted that among the four candidates, Poe was the only one who was an actual debater. Although she lost her cool when she was hit with the issue of citizenship, Teehankee urged people to “cut her some slack” as she had been enduring this allegation for quite some time now.

Co meanwhile described Poe as a “modern Filipino Gabriela,” both with her decorum and debate performance.

“She showed how vigorously she was arguing, she’s showing the character of a strong, modern Filipina, putting up the issues, and confronting three male competitors,” she said on Mornings @ ANC.

Her inexperience, Teenhangkee and Co said, could well be interpreted as a weakness and strength. On one hand, she is a candidate, who like Duterte, is an outsider—not from the administration, not from the opposition—and she has been doing well in the surveys because of this. On the other hand, her answer to Duterte’s question on the coast guards also reflected her lack of political understanding and bureaucracy.

“That reveals a weakness on her part in terms of her broad policy understanding, especially foreign policy and national security. My first response would have been I will convene, I will call for the National Security Council and ask for an immediate briefing on the matter. And then the second would be to contact our key allies, and third would even be to invoke the mutual defense treaty,” Teehankee said.


For Co, meanwhile, Roxas was the sole the winner this round, considering the degree of allegations thrown at him and the defense was able to carry. She noted that he was not only defending his credentials but also the shortcomings of the current administration.

“In last night’s debate, Secretary Mar succeeded in putting the blocks together—which means he was able to see and make the public understand there were failures of the administration but there are successes; there are criticisms against the administration, but he also tried to be the good knight, the good person of the administration by being an insider so he was able to figures and the facts. And I think sounded very convincing,” she said.

Teehankee noted that Roxas' usual weakness was his failure to connect emotionally. He however lauded Roxas' ability to “concretize his vision of decency, rule of law, a rule-based society, a society where there’s equality in terms of government, of government service.”

DUTERTE'S GAIN

Duterte’s significant improvement in this debate, according to the professors, was his effort to soften his image.

Teehankee likened him to a choir boy who was both behave and naughty, and was “pilyo” and “alaskador.” He fired many controversial issues to the other candidates, but his efforts to be charming were more evident in the outtakes where he was seen mixing well with the other candidates, but Teehankee pointed out that his mention of violence could always turn off the independent voters he’s been trying to lure.

“Because his core supporters are essentially attracted to him because of this tough guy, anti-crime macho image, but is not getting any traction beyond Mindanao, beyond his core demographics, he need to attract the independent voter, those who are not convinced that he will be a good president. But I don’t think, despite the fact that he was behave last night, the very fact that he mentioned killing again—‘you cannot be president unless you are willing to die or to kill’—again brings out the red flags in the mind of the independent voters," Teehankee said.

source: www.abs-cbnnews.com

Duterte: Meeting with PDP-Laban to formalize 2016 bid

Davao City Mayor Rodrigo Duterte said a meeting with his political party, the Partido Demokratikong Pilipino-Laban (PDP-Laban), will formalize his presidential bid for 2016.

"My candidacy for the presidency is on the table. It would need the formalization, my meetings with the PDP," Duterte said.

Amid his busy schedule, Duterte said the meeting would likely take place before Thursday.

Duterte also sees no legal impediment to his possible bid to run for the country's top post. But he added that he will respect the decision of the Commission on Election (Comelec) on the matter.

"If the Comelec doesn't accept it, it's fine with me," he said.

Duterte reiterated that he is now open to running for president because he does not agree with the Senate Electoral Tribunal's decision on Senator Grace Poe's disqualification case.

"Grace Poe is a gracious lady, a good and decent person. The problem is she is not a citizen of this country," Duterte said.

"I really don't want to run but the decision of the SET putting Grace in the category of natural-born citizen is simply too much. So I follow the decision or the opinions of the three justices," he added.

The mayor said the country's top post should not be put at stake over citizenship issue.

"Nothing is said about investing foundlings with citizenship as if they are natural-born, that's difficult. You only have one president," he said.

"Give me an Ifugao, or a Cebuano, or a Maranao, anything is okay for as long as he or she is a Filipino," Duterte added.

When asked about his potential running mate, Duterte said it would likely be Senator Alan Peter Cayetano.

"How can I not consider him? He is a good person, competent, able and educated," Duterte said.

- ANC, News Now, November 23, 2015

source: www.abs-cbnnews.com

Old, new names in 'Team Daang Matuwid'

MANILA - A mix of old and new names are in "Team Daang Matuwid," the administration's 12-man senatorial slate for the 2016 elections.

The Liberal Party (LP) announced the 12-person senatorial slate at the LP headquarters in Balay, Cubao, Quezon City Monday.

The slate is composed of three women and 9 men who are veteran senators/former senators, former Cabinet members, Aquino appointees, and sectoral representatives.

The 12 are:

1. Senate President Franklin Drilon
2. Senator Ralph Recto
3. Senator Teofisto Guingona III
4. Former senator and former food security czar Francis Pangilinan
5. Former senator and former Yolanda rehabilitation chief Panfilo Lacson
6. Outgoing Justice Secretary Leila de Lima

7. Former Energy Secretary Jericho Petilla
8. Former TESDA Director General Secretary Joel Villanueva
9. Outgoing TIEZA Chief Operating Officer Mark Lapid
10. PhilHealth Director and former Akbayan Representative Risa Hontiveros
11. COOP NATCCO Party List Representative Cresente Paez
12. DILG Assistant Secretary for Muslim Affairs and Special Concerns and former Maguindanao officer-in-charge Nariman Ina Ambolodto

Lacson was absent at the LP event but he already filed his certificate of candidacy at the Commission on Elections main office on Monday.

Drilon, dubbed the "Big Man sa Senado," introduced his fellow candidates of the coalition during the event. He drew laughs after he described De Lima as the "woman with balls," and said Lapid is more handsome than his father, action star and incumbent Sen. Lito Lapid.

Of all the candidates, only Paez's and Ambolodto's names come as a surprise. Drilon described Paez as a dynamic civil society leader who is passionate about fighting for marginalized sectors.

On the other hand, Ambolodto is described as a "bakwit" or internally displaced person from Kabuntalan who had to flee to the riverbanks of Cotabato City.

She attended Notre Dame High School for Girls and Notre Dame University where she received a degree in banking and finance. She also received a Master of Arts at the University of the Philippines Institute of Islamic Studies.

House Speaker Sonny Belmonte, who was named general campaign manager of Team Daang Matuwid, said it is his hope that the 12-man slate will sweep the elections next year. Congressmen Miro Quimbo (Marikina) and Barry Gutierrez (Akbayan) were named spokespersons of the campaign.

In an interview before the event, Ambolodto, a surprise senatorial candidate and a newbie in national elections, said she will push for women's rights, continue the peace process in Mindanao and improve lives of the poor.

For her part, De Lima said her agenda is to focus on human rights, electoral reform and equal justice for all.

source: www.abs-cbnnews.com

SC stops extension of liquor ban during polls

MANILA – The Supreme Court has once again stopped the Commission on Elections (Comelec) from implementing a resolution, this time on the extension of the liquor ban.

In a press conference, SC spokesman Theodore Te said the high court issued a temporary restraining order (TRO) on the five-day liquor ban – which is supposed to start tomorrow, May 9.

This means the liquor ban will only start May 12 until May 13.

The high court said the poll body acted without notifying affected parties. The Comelec was ordered to file its comment by tomorrow.

source: www.abs-cbnnews.com

PH elections become pawn in Smartmatic-Dominion dispute

MANILA - The 2013 Philippine mid-term elections have become the latest casualty in an ongoing exchange of legal cases and bitter rivalry between 2 foreign companies.

Commission on Elections (Comelec) Chairman Sixto Brillantes noted that the impasse over the source code of the Precint Count Optical Scan (PCOS) machines bought by the Comelec for the 2013 election came after earlier battles between Smartmatic and Dominion Voting Systems Inc. overseas.

“That's in fact the case in Delaware, the fight in Puerto Rico and Mongolia. Nasabit ang Pilipinas. 'Di ko naman minamasama masyado. I'm still talking to them," he said.

The source code is the human readable instruction software for the PCOS machines, as well as the consolidation and canvassing systems that will be used in the election.

The Automated Election Law requires that the source code be open to review 90 days before the polls.

However, third-party reviewer Systest Labs Inc. has not released the source code and its certification because of the legal battle between Smartmatic and Dominion, which owns the original software.

Asked if he thought the legal battle was a portent of Dominion's possible entry into the Philippines as provider of election systems in the 2016 elections, Brillantes said, "they're only interested in one thing -- money."

Lawsuits

Based on documents sent to ABS-CBN News by election watchdogs, 2 cases are pending in Delaware -- a collection suit filed by Smartmatic against Dominion for what it believes was the illegal termination of its software license agreement for the PCOS machines in the Philippines with Smartmatic, and a counterclaim filed by Dominion against Smartmatic for alleged breach of contract.

In both cases, both companies also traded accusations of unfair competition in securing election supplier contracts in Mongolia and Puerto Rico.

"Dominion International's conduct in Mongolia and Puerto Rico appear to be consistent with a pattern of activity designed to interfere with Smartmatic's prospective business relationships and prejudice Smartmatic International’s ability to compete," according to one of the documents.

Smartmatic's collection suit, which was filed in September 11, 2012, accused Dominion of, among others:

(1) improperly purporting to terminate the License Agreement based upon an incorrect and pretextual interpretation of the geographic scope of the Agreement’s non-compete clause;

(2) failing to deliver fully functional technology for use in the 2010 Philippines national election;

(3) failing to provide timely technical support during and after the Philippines election;

(5) failing to provide Smartmatic with information relating to the Licensed Technology, including new developments to the licensed technology;

(6) intentionally frustrating Smartmatic's right to market, lease, and sell the licensed technology; and

(7) failing to place in escrow the required source code, hardware design, and manufacturing information.

Smartmatic questioned Dominion's basis for terminating the license agreement because of an alleged breach by Smartmatic of a non-compete clause with Dominion in the US.

Defective technology

The complaint further held Dominion liable for a defect in the technology, with the latter's software allegedly failing to correctly read and record the paper ballot during a test of the automated voting system conducted shortly before the election.

"This relates to the problems encountered one week before the Elections in May 2010, where the software provided by Dominion was producing inaccurate results of the testing and sealing ballots," Smartmatic's Cesar Flores said.

This prompted Smartmatic to redeploy a new set of CF cards with the corrected configuration.

"Smartmatic spent millions of dollars to save the automated elections in the Philippines, and we have been requesting Dominion to reimburse the costs that we incurred due to the defect in their technology," Flores added.

"Even though Smartmatic is entitled by the licensing agreement to make adjustments and modifications to the licensed software, we did prefer in the interest of time to commission Dominion for said improvements," he said.

"Dominion tried to keep Smartmatic hostage and force us to waive our claims from the CF card rescue operation. Smartmatic could not allow this attempt by Dominion to hijack the elections in the Philippines."

Smartmatic argued this was the case in Mongolia, where Dominion ended up supplying the needs of the Mongolian election administration despite competition from Smartmatic.

"Dominion has acknowledged that it demonstrated certain critical functionality relating to the Cyrillic language before the Mongolian election authorities, but refuses to provide Smartmatic International with sufficient information regarding such functionalities," the complaint filed by Smartmatic said.

It also accused Dominion of misrepresenting itself in securing the election supply contract for Puerto Rico.

"Smartmatic recently learned that Dominion informed the (Puerto Rico) Commission that Smartmatic does not have access to the latest Certificated PCOS technology developed by Dominion," it added.

In its reply to the complaint, Dominion flatly denied Smartmatic’s allegations.

It also argued that while the license agreement was in effect through May 23, 2012, Smartmatic was only entitled to market licensed products and technology, and not all voting systems developed by various Dominion entities.

"This is an inaccurate statement from Dominion," Flores said. "Dominion did include the Cyrillic language into the licensed technology and denied access to that upgrade to Smartmatic with the intention to sabotage our commercial efforts in Mongolia."

Flores said Dominion does not deny a flaw in their system that prompted the redeployment of CF cards in 2010. "They are basically saying that Smartmatic should have tested the licensed technology even more, which is a clear confession of their lack of confidence in their own technology."

In October 2012, Dominion filed its own counterclaim for damages, arguing that "because Smartmatic and Dominion were competitors, Dominion made clear that any license for its PCOS technology would be limited in nature and, in particular, would not include Canada and the United States."

License fees

Dominion maintained that its contract was limited so that Smartmatic "would not modify, enhance or otherwise make any changes to Dominion International's PCOS voting systems without prior written agreement; and would pay Dominion International a license fee for each voting machine delivered by Smartmatic to a third party."

In addition, Dominion alleged that despite numerous requests by Dominion International, Smartmatic International refused to provide information to Dominion International about payments by the Comelec.

"Smartmatic International was not forthcoming with accurate information about the Comelec payments, and only upon a notice of default from Dominion International did Smartmatic International eventually pay the fees it owed to Dominion International," the company said.

Flores, however, said "Smartmatic has never denied payment to Dominion International."

"However, in May 2013, two months after the option to purchase was exercised, Dominion attempted to terminate the license agreement," he added. "We expect the Delaware court to decide now if that termination is actually legal, as Dominion did not follow the clauses stipulated in the licensing agreement for terminations."

Dominion in its complaint also said that "on June 14, 2012, Dominion International, through counsel, wrote to Smartmatic International to advise it that, due to the termination of the license agreement, Smartmatic International was no longer licensed to provide those 81,000 machines to Comelec, and that Dominion had no obligation to undertake the upgrades."

Flores argued, "that is also inaccurate, even if the termination of the licensing agreement was legal -- which Smartmatic maintains is not -- Dominion has to honour their obligations as defined by said agreement."

"Dominion knew that Comelec was entitled to the full access and support to the technology, and now they are legally bound to provide all support to this perpetual license that Comelec finally purchased two months before the alleged termination of the licensing agreement," he added.

ABS-CBN News has sent an email to Dominion for its comments but no response has so far been received.

source: abs-cbnnews.com

Youth voters told to register for 2013 polls

MANILA, Philippines - Young voters who registered and voted during the 2010 Sangguniang Kabataan (SK) elections should register anew for the May 13, 2013 elections, the Commission on Elections (Comelec) said Tuesday.

Comelec spokesman James Jimenez said there is a prevailing misconception among SK members that they no longer have to register anew.

"We call on the leadership of Sanggunian Kabataan Federations nationwide and the National Youth Commission (NYC) to help us in encouraging the youth, especially the SK voters of 2010, to register," he said in a press statement.

He said voters' registration is open at Comelec offices until October 31, 2012; Mondays to Saturdays from 8:00 a.m. to 5:00 p.m. Registrants need only bring a valid ID when they register.

source: abs-cbnnews.com