SC asked to ban Smartmatic in Comelec bidding

MANILA, Philippines—A poll watchdog on Wednesday asked the Supreme Court to blacklist technology provider Smartmatic from participating in all bidding process in preparation for the 2016 elections.

The Citizens for Clean and Credible Elections (C3E) also asked the high court to stop the Commission on Elections (Comelec) from awarding any contract to Smartmatic-Total Information Management Corp. as well as the bidding for the procurement of the Optimal Mark Reader (OMR) and Direct Recording Electronic (DRE) technology.

The contracts referred to involves P300 million for the diagnosis of 82,000 counting machines, procurement of the OMR and DRE machines and the procurement of papers, or the lease of Election Management System (EMS) and Precinct-Based DRE Technology.

C3E, through counsel Neil Jerome Rapatan, filed the 48-page petition for mandamus with a prayer for a temporary restraining order in the Supreme Court after the Comelec dismissed their complaint to blacklist Smartmatic.

The petitioners said Smartmatic-TIM misrepresented certain information in its qualification statements by submitting a single largest contract in the name of Smartmatic International Holdings, B.V. and/or a subsidiary of the latter, Smartmatic Deployment Corp.

Smartmatic-TIM “deliberately and intentionally concealed a material fact in its qualification statements and violated its Automation Contract when it failed to disclose that its supposed subsidiary, Jarltech, transferred the production of the PCOS machines from Kenmec Mechanical Engineering Company to Quisda Corporation,” the group added.

The petitioners also said the company violated the 20 percent maximum allowable limit for subcontracting arrangements under Republic Act No. 9184, its implementing rules and regulations and the RFP.

“Smartmatic-TIM failed to comply with the provisions of its Automation Contract with Comelec when it grossly misrepresented that it can provide the Comelec with a customized system, upgrades to, and replacement of systems because it was not the owner of the PCOS technology. Smartmatic was a mere licensee which needed the assistance of Dominion,” the petition added.

But Comelec dismissed their complaint as well as their petition for review for being premature and for lack of jurisdiction.

Petitioners told the high court that the Comelec’s decision is tantamount to grave abuse of discretion amounting to lack of or excess of jurisdiction.

“More importantly, petitioners have a legitimate right or interest over the propriety of the bidding of contracts by the Comelec and the performance or execution thereof. Petitioners are tax payers, they are also voters, and members of party-list organizations and cause-oriented groups,” the petitioners said.

“Needless to stress, petitioners are stakeholders of the previous and or upcoming elections. They have all the reasons to cry for justice, fairness and equity,” they added.

Petitioners also stressed that it is the duty of the Comelec and its Bids and Awards Committee (BAC) to check on the validity of the allegations against Smartmatic because of public interest and “transcendental importance.”

The petition noted that under Section 2, Article IX-C of the Constitution, the Comelec  is specifically tasked to enforce and administer all laws relating to the conduct of elections to public office and to ensure free, orderly and honest, peaceful and credible elections.

“Petitioners are certain that one of the great objective for which this Honorable Committee was created, is to see to it that there will a clean and credible elections for 2016. And one way of accomplishing the same is to rule that there is a reasonable cause, to blacklist private respondents,” the petitioner added.

Joining the C3E as petitioners are National Labor Union, League of Elder and Aging Persons (LEAP), Philippine Association of Free Labor Unions, Anti-Trapo Movement of the Philippines, Alliance of Government and Private Retired Employees, ACCO Homes Neighborhood Association, and Kaakbay Partylist (Katipunan ng mga Anak ng Bayan All Filipino Democratic Movement).

Named respondents were Comelec Chairman Sixto Brillantes Jr., Smartmatic-TIM and  Smartmatic International Corp.

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