In a manifestation, Marcos complained to the high court that on the same day it issued the order on July 12, the COMELEC en banc also issued a resolution approving the recommendation of Commissioner Christian Robert Lim to back up then erase the data from vote counting machines (VCMs) and the consolidated canvassing system (CCS) laptops used during the May 9 elections.


Marcos said this was "highly irregular" coming so soon after the Court issued its protection order.


In the manifestation, Marcos said:

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"Since the COMELEC resolution stated that the stripping of the VCM and CCS laptop units would be conducted starting July 16, 2016, it appears that 'backdoor plans' were already being made to erase the evidence needed for the election protest to prosper. 


"Thus, if COMELEC already made plans to erase the election data four days after the public announcement of the PPO - could it be that the COMELEC was trying to fast-track the stripping of election data before the PPO could officially be served on them?" 

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Marcos also said the COMELEC's decision to limit the stripping to its Sta. Rosa, Laguna warehouse was highly suspicious, since the poll agency had six other warehouses where its machines were stored during the May elections.


Marcos said:

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"The issuance of the resolution approving the backing up of the SD cards and CCS units and the subsequent stripping of the VCMs and CCS laptop units is a blatant violation of the express and clear directive of this honorable tribunal as contained in the PPO, which categorically ordered COMELEC to preserve and safeguard the integrity of all the ballot boxes and their contents, voter registration records, audit and transmission logs, automated election equipment, and other documents and paraphernalia used in all the 92,509 clustered precincts nationwide." 

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The COMELEC earlier said the stripping of VCMs and CCS was necessary so that they could return the leased machines to poll technology provider Smartmatic.


But COMELEC Chairman Andres Bautista said they have not yet started stripping the machines and would abide by the order of the Presidential Electoral Tribunal and the Senate Electoral Tribunal.


The COMELEC chairman also said that the option to purchase the VCMs would be triggered if the machines are not returned by Dec. 1. 


The stripping of the machines will involve the backing up of files from the SD cards and the hard drives of the CCS laptops.


In his manifestation, Marcos also complained that several of his witnesses were being coerced or bribed to change their testimony.






Sources: 

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Various news outlets
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COMELEC defies Supreme Court order on Bongbong VP poll protest