Comelec chair's comments on poll deal draw contempt motion

MANILA, Philippines — Former Caloocan lawmaker Edgar Erice on Tuesday asked the Supreme Court to hold Commission on Elections Chairperson George Garcia in contempt for remarks on a pending petition against a deal with an elections supplier.

In his three-page motion, Erice argued that Garcia's comment about the possibility of reverting manual elections should the high court rule against South Korean firm Miru Systems, was a violation of the sub judice rule. The sub judice rule limits comments and disclosures about ongoing judicial proceedings to prevent prejudgment, influence on the court, or obstruction of justice.

Erice contends that Garcia's remarks serve "no other purpose but to sway public perception in an attempt to influence the court to rule in favor of Comelec."

The former solon was referring to judicial proceedings on his petition filed on April 18, 2024 challenging the validity of the Comelec's P17.9-billion contract with Miru Systems for the 2025 elections.

Comelec has tapped Miru Systems, the sole bidder for a full automation system, to provide 110,000 automated counting machines and election management equipment.

In his motion to cite Garcia in contempt, Erice said the official, in effect, "threatened" the high tribunal's decision-making.

"Courts are not immune from public scrutiny…However, owing to the nature of the court and its ability to respond to criticism in real time when an utterance tends to scandalize or disrespect the court, or where its administration of justice would be impeded, the court may subsequently punish the speaker," Erice argued.

Responding to Erice's allegations, Garcia stated that he speaks only in his capacity as the chairman of the Comelec, as the public needs to be informed about updates on the 2025 mid-term ballot.

“Ako, may dahilan kung bakit nagsasalita. Dahil kailangan ng tao ng update sa eleksyon mula sa Comelec. Sino ba ang kabi-kabila ang presscon? Sino ba ang petitioner sa kaso sa SC?” he said in a message to reporters.

(I have a reason to talk. Because the public needs updates from the Comelec about the election. But who’s the one who keeps holding press conferences? Who’s the one who has a petition before the SC?).

The earlier petition

On April 18 this year, Erice assailed the Comelec's agreement with Miru Systems as election service provider replacing Smartmatic Inc, the supplier in previous elections.

It was filed the day after the Supreme Court found that the Comelec committed a grave abuse of discretion in disqualifying Smartmatic from the bidding process.

For Erice, the ruling was not sufficient to nullify the Comelec's public bidding and award of contract to Miru Systems. He cited  "considerations of equity, justice, practicality and doctrine of operative fact."

Meanwhile, the SC required Erice to comment on the gag order petition filed by Miru Systems to “prevent the petitioner (Erice) from discussing and disclosing information from any third party."

“The court required petitioner, Edgar Erice, to file his comment to the joint venture’s motion within a non-extendible period of 10 days from notice,” SC spokesperson Camille Ting said at a press conference on Tuesday.

In November 2023, Comelec barred Smartmatic from participating in future elections in the country citing "electoral integrity."

The poll body then awarded the contract for vote-counting machines to Miru Systems in February 2024.