SC asked to reconsider ruling on PCOS machine purchase

Precinct count optical scan (PCOS) machine. MATIKAS SANTOS/INQUIRER.net

MANILA, Philippines—The Automated Election System Watch (AESW) has asked the Supreme Court to reconsider its June 13 decision giving a go signal for the P1.8 billion purchase of the precinct count optical scan (PCOS) machines.

In its motion for reconsideration, AESW led by former Vice President Teofisto Guingona through counsel Felix Carao Jr. told the high court that it erred when it held that the period of the option to purchase the machines has yet to expire.

They said the performance security bond worth P360 million has yet to be returned to Smartmatic by the Comelec.

The high court, in its ruling, said the P360 million or 5 percent of the automation contract would fund penalties in case of failure to deliver equipment based on contract schedules or for non-performance.

But the group said the period of the option to purchase under the AES contract is on or before Dec. 31, 2010 and purchasing the machines after the expiration of the option to purchase was illegal.

“If Comelec desires to procure PCOS machines and items like those under the void deed of sale, it should now conduct public bidding,” the group said.

It added that there is still time to conduct a public bidding as it pointed that in 2010, the Comelec conducted the bidding 10 months before the election.

Aside from AES, other groups seeking the nullification of the contract include 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.

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 Dec. 31, 2010, which Smartmatic-TIM extended up to March 31, 2012.
Then, Comelec purchased the machines a day before the option to purchase expires.