On the continuation of the oral argument, Jardeleza said with the Comelec’s meager budget of P7.9 billion, it is not enough to purchase its own election machine and train personnel for an automated polls next year.
He explained that the P7.9 billion outlay covers not only the budget for the purchase of election machines but also for other administrative expenses of the of the election body.
“What can P7 billion buy?” he asked.
He said Comelec had asked Congress for an additional budget but only got P7.9 billion.
“The Comelec will not go to Malacañang and risk its independence for a couple of billions,” Jardeleza said. Comelec is an independent constitutional body whose officials have fixed term and can only be removed by impeachment.
Jardeleza added that the P1.8 billion purchase of the PCOS machines is beneficial to the government.
“Not only of the cost but it is also advantageous because of the Comelec’s and the voter’s familiarity with the machines,” Jardeleza said, adding that “we already have the best of both worlds here.”
He insisted that the option to buy the machine is legal as well as the extended period of the option to buy.
“Was the amendment in accord with the procurement act? It is. The alteration [made by Smartmatic-TIM that extended the period of the option to buy] is not a substantial change,” he added.
The Supreme Court is currently conducting an oral argument after various petitions have been filed questioning the Comelec’s decision to purchase PCOS machines.
Petitioners include Davao City Archbishop Fernando Capalla, former Marawi City Mayor Omar Ali, and former Quezon City Representative 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 for the issuance of a temporary restraining order and nullification of the contract.
The petitions argued that the Comelec’s purchase of the PCOS machines was “illegal and unlawful” following the lapse on December 31, 2010 of the option to order in its contract with Smartmatic-TIM inked on June 9, 2009 for the automation of the May 2010 presidential elections.
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 encountered 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 up to December 31, 2010, which Smartmatic-TIM extended up to March 31, 2012.
Comelec bought the machines a day before the option to purchase expired.