DOJ mulls criminal raps vs Susano

MANILA, Philippines - The Department of Justice (DOJ) is looking into the possible criminal liability of outgoing District 2 Rep. and losing mayoral bet Mary Ann Susano of Quezon City for keeping a compact flash (CF) card used in the first automated polls last May 10.

DOJ Secretary Alberto Agra told reporters that the mere possession of a CF card is prohibited under the poll automation law (Republic Act 9369).

“These election paraphernalia – whether CF cards, indelible inks, and election returns, previously – are accountable documents. Only authorized representatives can have possession of them,” he explained.

Susano volunteered during an earlier hearing of the House committee on suffrage that she has in her possession a CF card used in the precinct count optical scan (PCOS) machine assigned at her district in Barangay Bahay Toro in Quezon City.

Susano, who ran but lost in the mayoral race in the city, made the admission to prove that the Commission and Elections (Comelec) and the automated elections system provider, Smartmatic, failed to properly secure the PCOS machines, which supposedly resulted in fraud.

Agra, however, stressed that they have yet to talk to Susano before a special DOJ-Comelec investigating team could decide if she could be held liable.

“I wouldn’t want to make that conclusion yet until we find out how she obtained the card. We would have wanted to clarify with her how she obtained the card,” he explained.

Agra said Aside from Susano, the election officer assigned to take custody of the card could also be held accountable for misplacing the card.

The lawmaker was supposed to meet with Agra, Comelec officials and the investigating team last Monday, but the meeting was postponed because some commissioners of the poll body who wanted to be in the conference were still out of the country.

Still, Agra said that based on the Comelec’s inventory of all CF cards and PCOS machines, there were missing main and backup cards used in the elections.

The card found in Susano’s possession, Agra said, turned out to be the main CF card assigned in Barangay Bahay Toro in QC. Quoting the Comelec officials he had interviewed, the results of the CF card in Susano’s custody had already been transmitted to the Comelec and to the Quezon City board of canvassers before she was able to obtain it.

He said under the Comelec protocol in the last automated polls, the main card should have been delivered or given to the election officer, while the backup card should stay with the PCOS machine.

Once criminal liability is established, Agra said the National Bureau of Investigation (NBI) or the DOJ may initiate the filing of the complaint against Susano or the election officers, depending on the results of his inquiry.

“Again we will not file any case until we meet with her (Susano). There are missing links, facts we want to establish – like, how she obtained the CF card. At this point, I wouldn’t want to make any conjectures,” he said.

Agra said he wants to conclude the investigation and make the necessary recommendations before he steps down on June 30.

Apart from the CF card issue, the DOJ has also tapped the NBI to look into the “Hello Nico” controversy, the alleged wiretapped phone conversation between Department of Interior and Local Government (DILG) Secretary Ronaldo Puno and Comelec Commissioner Nicodemo Ferrer.

The NBI Anti- Computer Crime Division under Head Agent Palmer Mallari was tasked by NBI Director Nestor Mantaring to probe the “Hello Nico” scandal, while the NBI – Special Task Force (STF) under Head Agent Arnel Dalumpines will handle the probe into the CF cards controversy.

Agra expressed optimism that they could conclude the two investigations by June 15.

“Once the NBI wraps up the probe, it will submit its report to the DOJ for review. Once the DOJ finds probable cause, the next step is the filing of information in court,” he said.