The Comelec and Mega Pacific Consortium — which provided 1,991 ACMs that were supposed to be used in the last elections — are embroiled in a legal battle before a Makati court.
With the deal nullified, the poll body is demanding a return of the more than P1 billion it already paid to the private consortium. Mega Pacific, in turn, is demanding the balance of their P1.3-billion deal. It said it was not its fault that the deal was invalidated.
The Office of the Solicitor General (OSG) is handling the case in behalf of the Comelec.
But Comelec Commissioner Florentino Tuason Jr. said they are looking forward to a compromise agreement that could pave the way for the computerized 2005 elections with the OSG not becoming an obstacle.
"That (compromise) is probably what we will have to work on and make arrangements with the court and the government," said Tuason, who is the Comelec commissioner-in-charge for legal department.
"With proper legal imprimatur. I really do not know. All these are possible," said Tuason. "Anyway, all (civil) cases can be compromised as long as it is for the best interest, whatever is most advantageous to the government."
The automation of the electoral exercise was not implemented in the May 10 national elections after the Supreme Court nullified in January the P1.3-billion contract, citing irregularities in the bidding process.
Voters went back to the traditional way of casting ballots and counting was done manually.
Allegations of poll fraud and cheating highlighted the May elections apart from the commonly experienced problems during elections like missing names in the voters list and violation of election laws by candidates and their supporters.
If no deal is reached with Mega Pacific, Tuason said they will be forced to draw up new plans for the computerization of the 2007 national elections and may ask for a new budget allocation from Congress.
The legal battle is expected to be protracted but Tuason hopes the case will be resolved soon.
Should no compromise agreement be arrived at with Mega Pacific for the 2005 barangay elections and the case remains pending before the before 2007 polls, Tuason said it is still possible to reach a compromise without need for a new budget allocation.
Barangay elections are held every three years with the exception of the 2002 elections, which was held after five years due to some poll-related problems.
Tuason said the Comelec is now hard at work cleansing its list of voters for the coming elections.