MANILA, Philippines—Bidders for the election automation contract have signed waivers pledging they will not ask for a temporary restraining order against the Commission on Elections, hence the threat of stopping the award would likely come from a third party, a poll official said Friday.

“It cannot not come from (the bidders),” Special Bids and Awards Committee chair Ferdinand Rafanan told reporters. “They waived their right to it.”

Rafanan was confident any attempt to stop the 2010 elections would fail.

“Whoever would file a case to try and stop the election will not win,” he said, adding that more than 90 percent of Filipinos favored computerized elections.

Big puzzle

Poll chair Jose Melo has expressed fears of a no-election scenario if losing bidders or partisan groups sought a TRO from the Supreme Court against the project.

Ramon Casiple, an electoral reform advocate, said the threat of a court injunction that could stop the elections was a “remote” possibility.

While anyone has a right to go to the court, the “question is will the Supreme Court entertain it?” Casiple said.

“That’s the big puzzle ... I hope the Supreme Court would see the political implication and reach a decision that would benefit democracy,” Casiple said.

Asked if the current membership of the High Court was a source of concern—12 of the 15 justices are Arroyo appointees—Casiple said it would not be a problem.

He recalled the Supreme Court was packed with justices appointed by the President when it rejected moves in 2006 to amend the Constitution through a people’s initiative.

Lagman’s view

Another election expert, Augusto Lagman of the transparentelections.org, said the Comelec’s bidding rules could be used by third party groups and even losing bidders to mount a campaign against poll automation.

But Lagman, speaking in an interview, said he would not lead the charge this time around.

“We don’t intend to file a complaint or petition. But that doesn’t mean nobody will,” he said.

2003 taxpayer suit

In 2003, the Information Technology Foundation of the Philippines, of which Lagman was an officer, filed a taxpayer suit before the high court alleging that the bidding process that led to the award of the P1.3-billion poll automation contract to MegaPacific eSolutions consortium was filled with irregularities.

In January 2004, the high tribunal voided that contract, forcing the Comelec to rush preparations for manual elections.

Scary scenario

Lagman said he “can’t understand” why Melo raised the no-election scenario.

“What’s scary is a failure of elections,” he said. “Right now, there’s a lot of complications. Unfortunately, the Comelec is creating its own problems.”