The Commission on Elections (Comelec) is prepared to defend its ruling to prohibit technology provider Smartmatic Philippines (Smartmatic) from participating in all procurement biddings of the commission. This comes as Smartmatic seeks to challenge the decision before the Supreme Court.
Comelec Chairman George Erwin Garcia stated, “This is expected. The Comelec is willing and ready to defend its position. At the end of the day, the Supreme Court has the final say on the matter.”
Garcia clarified that the decision took immediate effect, meaning that Smartmatic is now ineligible to participate in any procurement activities of the poll body.
The petition to disqualify Smartmatic was filed in June by former Information and Communications Technology secretary Eliseo Rio, former Comelec commissioner Augusto “Gus” Lagman, Franklin Ysaac, and Leonardo Odono. They cited “serious and grave irregularities in the transmission and receipt of election returns” during the 2022 national polls, alleging discrepancies between the transmission logs and reception logs from the precinct level to the Comelec’s transparency server.
However, it is important to note that their complaint was not the basis for the Comelec’s decision to disqualify Smartmatic.
Comelec spokesman John Rex Laudiangco explained that the ruling was based on concerns regarding the procurement of election machines for the 2016 elections, a contract that was awarded to Smartmatic.
“The decision focuses on the integrity of the procurement process and not the integrity of the automated elections,” Laudiangco clarified.
In addition, the poll body revealed that it had received a request for official documents from the United States government regarding an ongoing investigation into former Comelec chairman Juan Andres Bautista and other individuals and entities. The investigation is related to alleged violations of US laws, including the Foreign Corrupt Practices Act, conspiracy, wire fraud, and money laundering.
“It is noteworthy that Bautista, who served as the Chairman of the Commission, was formally charged in September 2023 in connection with allegations of receiving bribes in exchange for awarding a contract for election machines to Smartmatic Corp.,” the Comelec stated in its en banc ruling.
The Comelec further explained that Bautista and others are accused of laundering 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 publicly known and have led to speculation and distrust of the electoral process.
Recognizing the gravity of the allegations related to bribery and compromised procurement processes, as independently determined by foreign bodies, the Commission acknowledges the imminent threat to the strength and integrity of our democratic processes. The Comelec affirms the imminent peril to the integrity and robustness of our democratic institutions.
In conclusion, the Comelec stands firm in its decision to ban Smartmatic from all procurement biddings, citing concerns about the integrity of the procurement process. The ongoing investigation into former Chairman Bautista and the alleged bribery scandal involving Smartmatic has raised significant doubts and distrust in the electoral process. The Commission is prepared to defend its ruling and awaits the final decision of the Supreme Court on the matter.
Source: The Manila Times
