MANILA, Philippines - Citizens groups asked the Supreme Court (SC) yesterday to strike down the P1.8-billion deal of the Commission on Elections (Comelec) for the purchase of precinct count optical scan (PCOS) machines for next year’s midterm national polls.
In separate citizens’ petitions, the three groups sought the issuance of a temporary restraining order enjoining the implementation of the contract forged by Comelec with Netherlands-based Smartmatic and its Filipino partner Total Information Management Corp. to purchase 82,000 PCOS machines last March 30.
The Automated Election System Watch (AES Watch) led by former vicepresident Teofisto Guingona Jr., Solidarity for Sovereignty (S4S) led by Ma. Linda Montayre and the third group led by Davao City Archbishop Fernando Capalla all questioned the legality of the deal.
They argued that the new contract was illegal since it did not undergo bidding as required under the law.
AES Watch, through lawyer Felix Carao Jr., explained that the Comelec-Smartmatic deal should be declared null and void for violating Republic Act 9184 (Government Procurement Reform Act).
They said Comelec’s option to purchase the PCOS machines has already expired when the poll body failed to exercise the same before its expiration last Dec. 31, 2010.
As a result, Smartmatic cannot extend the option period and neither could the Comelec give its consent for extension as this would violate the guideline issued by its Bids and Awards Committee (BAC), petitioners argued. – With Sheila Crisostomo