MANILA, Philippines — What’s wrong? Can’t anything work in this country?

Sen. Loren Legarda on Thursday blew her top over the possibility that next year’s election automation would be derailed.

Smartmatic International and its local partner Total Information Management (TIM) are dickering over control of the P7.2-billion project after winning the tender from the Commission on Elections (Comelec).

“Let’s talk straight … and stop speculating. What really happened, what should be done and what should be fixed?” said Legarda, who had just arrived from an environmental conference in Switzerland.

“This is Pinoy na Pinoy (a trademark Filipino trait). Can’t you do something right? All these contracts entered into by the government are always marred with problems.”

Contracts end up in court

Legarda lamented that most, if not all, of the government contracts with foreign partners or investors were either haled to the Supreme Court or contracts were later voided and marred by bickering among the parties involved.

She said the Comelec should have fixed the problem at the onset.

“Why do we allow these intramurals to happen? Why not conduct negotiations in a professional way?” she asked.

‘Powerful people’

Without naming names, the senator said that powerful people were sabotaging the project for monetary and political gains.

“The possibility that the intramural between TIM and Smartmatic has political undertones is not remote,” Legarda said.

But Legarda, who claimed she was cheated in the vice presidential election in 2004, said Comelec should exhaust all means to proceed with automation to protect the vote.

Thievery should stop

Senate Minority Leader Aquilino Pimentel Jr. said there was nothing wrong if TIM head Jose Mari Antuñez had links to First Gentleman Jose Miguel Arroyo.

“Friendship is not a crime. What is cause for worry is if criminal demands are proven to have been made,” Pimentel said in a statement.

“Those who have the proof of any wrongdoing should come out in the open and say so. It is important that thievery in government should be stopped the moment it rears its ugly head,” he said.

Quezon Rep. Danilo Suarez, an official of the ruling Lakas-Kampi party, sang an entirely different tune from that of Makati Rep. Teodoro Locsin, who said Antuñez’s demand for P500 million led to the crumbling of its partnership with Smartmatic.

He also shot down the claims linking Antuñez to the first gentleman and doubted his reported ties to the Aboitiz clan, which is close to the President.

Worries of golf buddy

Suarez said Antuñez, whom he described as a friend and golfing buddy, did not want a situation where, in case of a stalemate, the final say in making decisions would rest with its foreign partner.

He said Antuñez was worried that if something bad happens, the foreigners would just “move to the nearest airport and fly.”

“My point is, the allegation that X amount of money has to be given to a person is entirely very malicious. Because the bidding was done in a very competitive manner, cut-throat, they really killed the prices. Where will you get the P500 million that is being alleged to be a fee to facilitate?” Suarez said.

He also said that losing the automation project would hardly make a dent in the fortunes of the TIM. “If they lost this, it won’t make them rich or poor,” he said.

Worry over Aboitiz’s firm

Makati Mayor Jejomar Binay, president of the United Opposition, said that the Comelec may have made a major oversight when it allowed 2GO, a cargo company owned by the Aboitiz family, to transport the 82,000 counting machines to be used in the balloting.

“It changes the entire scenario. We should all be seriously concerned that a business interest with close ties to Ms Arroyo will be in charge of shipping and warehousing of 82,200 counting machines for the 2010 elections,” he said in a statement.

Also yesterday, lawyer Harry Roque said the Concerned Citizen Movement and at least 20 individuals would file a taxpayers’ suit against the Comelec.

According to Roque, Comelec violated procurement rules when it allowed Smartmatic and TIM to participate in the bidding despite the absence of a joint venture agreement.

“The citizens’ group will not hesitate going to court to disqualify and nullify the award for Smartmatic. Let’s not force them to sign the contract. What can we expect from them now that they are feuding this early?” Roque told reporters.

In January 2004, four months before the elections, the Supreme Court struck down the P1.3-billion contract between the Comelec and MegaPacific, the supplier of automated counting machines, due to bidding irregularities.

Help find solutions

Comelec spokesperson James Jimenez said he was “disappointed” at Roque.

Jimenez said the Comelec procurement regulations allowed parties to submit an agreement that they would form a joint venture once they get the award. He added that the bidding process was “transparent.”

Instead of suing, civil society groups should help the Comelec find other solutions, Jimenez said. “What’s happening apparently is that everyone is taking the opportunity to start off another witch-hunt.”