Comelec may sue contractor for improper disposal of poll paraphernalia in Cavite — Garcia

MANILA, Philippines — The Commission on Elections (Comelec) may prosecute individuals who are liable for the improper disposal of poll paraphernalia in a vacant lot in Amadeo, Cavite.

Comelec entered a contract with logistics firm F2 Logistics for the transport of ballots, vote-counting machines, and other supplies for the elections which were held on May 9.

The cargo forwarder earlier was asked to explain why election documents were found in a vacant lot in Amadeo, Cavite a few days after the May 9 polls.

“There is a contract and if there is a violation of the contract o hindi nila na-satisfy ‘yung contractual obligation nila, then we can always: 1) either rescind the contract; 2) may damages kami, bawasin natin ‘yung ibabayad namin o; 3) we can withhold payment until we are fully satisfied kung ano ‘yung nangyari or at the same time, we can always prosecute,” Comelec Commissioner George Garcia said in a press briefing.

(There is a contract and if there is a violation of the contract or they did not fulfill their contractual obligation, then we can always: 1) either rescind the contract; 2) lessen the payment if there are damages or; 3) we can withhold payment until we are fully satisfied with the situation at the same time, we can always prosecute.)

Discarded election paraphernalia used during the May 2022 polls were found by netizens at a vacant lot in Amadeo, Cavite. a few days after elections Image from Rodne Galicha / Facebook

The person who was in possession of the poll paraphernalia will be accountable as it is infidelity in the custody of public documents under the Revised Penal Code, and a violation of a penal clause under their contract, said Garcia.

“Public document pa rin ‘yun. Therefore, kahit na ‘yan ay after the elections, public documents ‘yan kahit hindi siya balota. Then, therefore, whoever is in the possession of this document will always be accountable,” he said.

(That is still a public document. Therefore, even if that happened after the elections, those are still public documents, even if there are no ballots. Therefore, whoever is in the possession of this document will always be accountable.)

“Number two, kasama du’n sa kontrata ‘yung penal clause. Laging naka-attach ‘yun sa kontrata na sakaling hindi mag-comply sa contractual obligation, especially if there is negligence on the part of a contracting party, other than civil liability, meron laging criminal liability,” he further elaborated.

(Number two, included in the contract is a penal clause. It is always attached in the contract that in case they will not comply with the contractual obligation, especially if there is negligence on the part of a contracting party, other than civil liability, there is criminal liability.)

Garcia clarified that the ballots that were dumped in the vacant lot are excess envelopes, not training ballots which he initially said.

According to Garcia, he will demand a formal investigation on the matter.

Comelec said that involved parties will be looked into, including the Philippine National Police personnel who assisted in the polls.

Last week, photos and a video of poll materials in a vacant lot in Cavite circulated on social media.

INQUIRER.net is still trying to get in touch with F2 Logistics for comment.

EDV