Controversial technology provider Smartmatic Philippines Inc. (Smartmatic) has expressed its dissatisfaction with the decision by the Commission on Elections (Comelec) to disqualify the company from all procurements. Smartmatic argues that the decision was unfair and based on non-existent grounds.
Smartmatic is also questioning the timing of its disqualification, particularly as the Comelec is currently in the process of bidding for new automatic counting machines for the 2025 midterm elections. The bids are set to be opened on December 12, 2023.
“The surprise disqualification effectively excludes Smartmatic from the bid process, eliminating the biggest competition for the remaining bidders,” Smartmatic stated.
The company believes that if given the opportunity to explain and present their evidence, the disqualification would not have been imposed. However, the Comelec en banc, in a 17-page resolution, disqualified Smartmatic from participating in all election procurement processes.
The basis for the disqualification stems from the investigation by the US government into former Comelec chairman Juan Andres Bautista. Bautista was charged with allegations of receiving bribes in exchange for awarding a contract to Smartmatic.
“Bautista and others are alleged to have laundered the bribe money through multiple entities. It was revealed that Bautista established a foreign shell company, which was used to receive bribe payments from Smartmatic. The charges against Smartmatic and former Chairman Bautista are of public knowledge and tend to cause speculation and distrust of the electoral process,” stated the Comelec en banc.
Smartmatic, however, clarified that it is not facing any formal charges in the US, rendering the basis for disqualification false and non-existent.
“A false accusation and, more so, a disqualification on the basis of non-existent grounds is not only legally and morally wrong, but plain unfair,” Smartmatic emphasized.
The company further criticized the disqualification, stating that disqualifying Smartmatic based on mere news reports and unofficial leaked documents from abroad, which have yet to be verified by the United States Department of Justice, is unacceptable in any jurisdiction, including the Philippines.
Smartmatic highlighted that if there were indeed a pending investigation and indictment, the Comelec should adhere to the constitutional principle of “presumption of innocence.”
Comelec Chairman George Erwin Garcia has affirmed that the commission will stand by its decision.
“It was a very difficult decision, but nonetheless, it was the right decision. And we will stand firm on what the Comelec En Banc has decided,” Garcia stated.
Despite the Comelec’s stance, Smartmatic maintains that the disqualification is unjust and calls for a fair and transparent process to be followed.
As the bidding process for the 2025 voting machines continues, it remains to be seen how the exclusion of Smartmatic will impact the competition and the overall procurement process.
Smartmatic’s disqualification raises questions about the transparency and fairness of the electoral system, as well as the importance of ensuring that decisions are based on verified evidence rather than unverified news reports.
As the situation unfolds, it is crucial for the Comelec to address these concerns and provide clarity on the grounds for disqualification to maintain public trust in the electoral process.
Source: The Manila Times
