San Fernando Election Row: Comelec: Smartmatic-TIM has last say on PCOS

CEBU, Philippines – The Commission on Elections believes that requests pertaining to actions affecting the Precinct Count Optical Scan (PCOS) machines used in the May 10 polls should be directed to Smartmatic - TIM, the provider and custodian of the machines.

Comelec issued the opinion in relation to the letter endorsed by the Regional Trial Court in Cebu in line with the election protest filed by Lakambini Reluya against San Fernando Mayor-elect Antonio Canoy.

Reluya lost to Canoy in the recent national and local elections. She, however, alleged there were irregularities in six precincts. Judge Ramon Daomilas then forwarded to the Comelec a letter in relation to the delivery of the PCOS machines and other election paraphernalia to court.

In its answer to the letter, Comelec said any order to deliver any PCOS machine to the courts should be directed to Smartmatic-TIM because the commission is neither the owner nor custodian of the machines. 

"At present, we are in a predicament in complying with the said order since the Commission has yet to issue a policy on the delivery of PCOS and other election documents relative to election protests being heard by some courts," Comelec said.

Comelec said that because the PCOS machines are only leased to the commission, they remain under the custody of Smartmatic-TIM together with the back-up memory cards.

Meanwhile, the main memory cards are under the custody of the Election Records and Statistics Department (ERSD). The counted ballots are under the custody of the Municipal Treasurers and the Election Returns, Certificates of Canvass, Book of Voters, Election Day Computerized Voters List (EDCVL) and Precinct Computerized Voters List (PCVL) are under the custody of the election officers.

Comelec, however, said election documents, ballots, gadgets and other paraphernalia that are under the custody of election officers must undergo inventory and authentication before they are released and delivered to the court.

Comelec also said "any costs incurred in compliance with the court order must be for the account of the protestant or the parties requesting or who will be benefited of the delivery of the election paraphernalia."

And because the delivery of the machines will entail manpower and transportation cost, it should be with the conformity of Smartmatic-TIM and that Comelec personnel who will appear before the court or anyone who issued an order shall be granted an appearance fee of P500. (THE FREEMAN)