SC justice questions Comelec bid for 2013 automated elections

MANILA, Philippines — A Supreme Court justice questioned the Commission on Elections’ (Comelec) capability to hold another bidding for equipment that could be used to automate the elections in 2013 if its decision to purchase precinct count optical scan (PCOS) machines would be invalidated by the high court.

Associate Justice Maria Lourdes Sereno, in Wednesday’s oral argument, said that the Comelec took over 360 days to finalize the contract with Smartmatic-Total Information Management’s (TIM), which provided the PCOS machines in the 2010 elections.

“Do we have enough days to do another bidding?” Sereno asked the counsel for petitioners Davao City Archbishop Fernando Capalla, former Marawi City Mayor Omar Ali, and former Quezon City Representative Mary Anne Susano.

“The Comelec has enough time,” lawyer Abraham Espejo said, adding that the Comelec has enough intelligent people to study and come up with a new contract.

Sereno also asked if there would be enough time to train election officers to use the election machines.

Espejo said the correct posture would be for the Comelec to hire experts that would assist in the operation of the machines.

The Supreme Court is currently hearing oral arguments on various petitions questioning the Comelec’s decision to purchase PCOS machines.

Petitioners are Davao City Archbishop Fernando Capalla, former Marawi City Mayor Omar Ali, and former Quezon City Rep. Mary Anne Susano Solidarity for Sovereignty (S4S), represented by Ma. Linda Montayre, Ramon Pedrosa, Benjamin Paulino, Sr., Evelyn Coronel, and Nelson Montayre and the Automated Election System (AES) Watch. They all sought the issuance of a temporary restraining order and nullification of the extended contract with Smartmatic-TIM.

The petitioners argued that the Comelec’s purchase of the PCOS machines was “illegal and unlawful” following the lapse on Dec. 31, 2010 of its option to order additional poll equipment as stipulated in its contract with Smartmatic-TIM that was inked on June 9, 2009.

They added that any purchase of technology and election systems for use in the 2013 midterm polls should have to undergo public bidding.

Petitioners also added that there were glitches, delays, defects and technical problems in the 2010 presidential polls that violated Republic Act (RA) No. 9369 (Automated Election System Act).

Smartmatic-TIM was awarded the contract for the automation of the 2010 polls on June 9, 2009. The contract contained an option to purchase more PCOS machines up to Dec. 31, 2010 but which Smartmatic-TIM extended up to March 31, 2012.

The Comelec then purchased the machines following the extension by Smartmatic-TIM.