MANILA, Philippines – The Commission on Elections (Comelec) and election technology provider Smartmatic–Total Information Management (TIM) Corporation urged the Supreme Court (SC) to quickly resolve the pending case questioning their contract for the refurbishment of the Precinct Count Optical Scan (PCOS) machines, saying long delays can adversely affect the preparation for the 2016 polls.
The Comelec and Smartmatic’s separate statements were in response to the Supreme Court’s order stopping the implementation of the poll body’s P268.8-million extended warranty contract given to Smartmatic-Total Information Management Corporation (Smartmatic-TIM).
Comelec spokesperson James Jimenez said that while the poll body welcomed the SC ruling as it gave them the opportunity to explain the contract more fully to High Court, “the issuance impacts on the 81,000 PCOS machines that are central to the automation of the 2016 elections.”
“The bigger challenge, on the other hand, is ensuring that this case is resolved–and the TRO permanently lifted–at the soonest possible time. The Comelec will apply itself to achieving that goal with utmost vigor,” he said in a text message to reporters.
The contract awarded to Smartmatic was for the diagnostics, repair and refurbishment of the Precinct Count Optical Scan (PCOS) machines that will be used in the 2016 elections.
Voting 12-2, the high court “issued a temporary restraining order to enjoin the implementation of the extended warranty contract (Program 1) effective immediately and until further orders from the court.”
According to Jimenez, Acting Comelec Chair Christian Robert Lim immediately called for a meeting of senior Comelec officials for mapping out strategies that will ensure preparations for the 2016 polls will not be too adversely affected.
“We only hope this is done soon since each day of delay can significantly set back the preparations for the 2016 elections,” said Smartmatic President for Asia Pacific Cesar Flores.
It can be recalled that the Comelec decided last year to re-use the old PCOS machines as recommended by the Comelec Advisory Council (CAC).
Last December 23, the Comelec en banc decided to forego public bidding and instead directly contract the multinational company for the refurbishing project.
Prior to his retirement last February, then Comelec Chairman Sixto Brillantes had signed the deal with Smartmatic-TIM covering the diagnostics, the minor and major repairs of the voting machines, as well as replacement of units, if needed.
Just last week, the Comelec and Smartmatic-TIM officially began the diagnostics of the PCOS machines in the former’s warehouse in Cabuyao, Laguna and is expected to complete the project after five months.
Flores said he respected the decision of the High Court and saw it as an opportunity to explain to the Supreme Court the details of the contract.
Flores expressed confidence that they would eventually be favored by the high court just like what happened in 2012 when the Comelec opted to exercise its “option to purchase” the PCOS machines to be used in the 2013 polls.
“After the oral arguments, the SC upheld with finality the validity of the contract. Similarly, we are confident that after the Court hears our arguments, it will eventually decide for the soundness and validity of this contract,” said Flores.
The Citizens for Clean and Credible Elections (C3E) welcomed the TRO issued by the SC.
According to C3E co-convenor Nicanor Elman, the TRO only proves that they are right in questioning what they believe was a “midnight deal” pulled off by Brillantes.
“It only proves there is some illegality in the midnight deal of Brillantes, in the negotiated bidding that they did for the refurbishing ng PCOS,” said Elman in a separate interview. SFM