Can Comelec recover money paid for machine?

Last January, the Supreme Court decided that the bidding process for the P1.3 billion project of the Commission on Elections had been tainted and that there were technical flaws in the machines. The Comelec and the contractors petitioned for a reconsideration, but the justices upheld their decision.

Two weeks ago, the Comelec wrote a letter to the contractors, Mega Pacific Consortium, and according to news reports, their letter was returned because Mega Pacific Consortium has already vacated its office and no one seems to know where they have moved to. We hope it is not out of the country.

Elections are less than two months away and if the Comelec cannot even properly take care of the funds, how can they be entrusted with having the efficiency of conducting a national elections, and more important, having the integrity to conduct a fair election. This is a case that deserves top priority.

In its decision, the Supreme Court ordered the Solicitor General’s office to recover about P850 million that the poll body had allegedly advanced to Mega Pacific. But last Monday, it was established that the correct amount is actually P1.03 billion. Atty. Alfredo Lazaro, spokesman for Mega Pacific said that Mega Pacific, is preparing its response. Its first response was to assure all concerned that Mega Pacific had indeed moved its office from one location to another but not closed its operations.

The Comelec has toyed with the idea of selective automation in no less than four vote-rich areas, including Metro Manila. But the Supreme Court decision definitely rules out any automation process for the coming elections rather than simplifying the counting, the fear is that automation may facilitate cheating in the coming elections.

Election is one problem. But the loss of P1.3 billion advanced for a counting machine that will not be used is something else. Can the Comelec recover the P1.3 billion that it allegedly paid the winning bidder? It not, this is probably the most expensive elections we have had in our whole democratic history.

Yesterday, President Arroyo ordered state lawyers to exhaust all ways to get the people’s P1.3 billion the Comelec had advanced Mega Pacific Consortium. Lawyer Alfredo Lazaro, spokesman for the consortium declared, "The Supreme Court said the funds were legally disbursed. It said Mega Pacific never illegally acquired to the company for three reasons: they have already been used, they were specifically made for the poll body, and they incurred delivery expenses. A further expense for the Comelec is the storage fees it has to pay. He also made it clear that Mega Pacific Consortium did not close its office. It merely moved to a new location. So things are not as bad as they seemed.

We wonder, however, if there can still be an amicable solution that would be fair to both the government and the Mega Pacific Consortium. We believe in justice for all. And if the transaction was anomalous to start with, they, those responsible, must be held to account.