In a press statement, Benipayo noted that Quezon City Judge Luisa Quijano-Padilla merely granted the consortium’s petition for a preliminary injunction barring the poll body from continuing to develop an alternative program to automate the country’s electoral process.
An injunction was sought after Photokina complained that Benipayo had been pursuing alternative projects to the VRIS undertaking and even asked the budget department to cancel funding for the original program.
However, Benipayo pointed out that Photokina’s petition for a writ of preliminary mandatory injunction compelling the Comelec to enter into contract negotiations had been denied.
"This belies the claim made by Photokina that the preliminary prohibitory injunction enjoined the Comelec to honor the contract for the VRIS contract," he said.
The Comelec chief said the petition was denied because "there has yet to be a clear showing that the VRIS was awarded to Photokina."
"The court clarified that a mandatory injunction cannot be issued unless the right of the applicant is free from doubt and dispute," Benipayo said.