THE partnership that began in 2010 will be no more.
This as the Commission on Elections (Comelec) yesterday perpetually disqualified its poll automation partner, Smartmatic Philippines Inc., from ever participating in the bidding projects of the poll body.
In a 17-page resolution, the Comelec en banc ruled: “Wherefore, premises considered, the Commission (En Banc) hereby resolved to grant the petition. Smartmatic Philippines Inc. is disqualified and disallowed from participating in any public bidding process for elections, in the exercise of its administrative power to decide all matters affecting election and in pursuit of its constitutional mandate.”
The Commission said its decision was based on its exhaustive review of the issue that involved Smartmatic and former Elections chairman Andres Bautista.
In particular, the poll body took issue at Bautista’s alleged receipt of bribes, through a foreign shell company, in exchange for awarding the contract for election machines to Smartmatic for the 2016 polls.
“The charges against Smartmatic and former chairman Bautista are of public knowledge and tend to cause speculation and distrust in (the) integrity of the electoral process,” the Comelec said, adding the involvement of the private firm in the controversy has made it an “imminent threat to the strength and integrity of our democratic processes.”
“These allegations not only undermine and cast a shadow over the procurement protocols but also threaten to erode the public’s confidence in the electoral system,” it also said
“The Commission (En Banc), in pursuing the instant course of action, recognizes its duty to uphold the integrity of elections. It cannot overlook the serious, unresolved allegations against Smartmatic related to previous elections,” added the Comelec.
As to the possible blacklisting of the multinational firm, the poll body said only the Bids and Awards Committee (BAC) may issue such a declaration.
This, it explained, is because the procurement for the 2025 automated election system (AES) project has yet to officially commence.
“No suspension and blacklisting proceedings are pending or initiated against Smartmatic in relation to the projects it provided for the 2022 NLE for purposes of pursuing the action during the contract-implementation stage, and for the bidding for the 2025 AES as regards the blacklisting of Smartmatic during the procurement process,” noted the Comelec.
To recall, Smartmatic has been the election partner of the Comelec since the 2010 elections, which is the first fully automated polls held in the country.
For the 2013, 2016, 2019, and 2022 polls, Smartmatic has either sold or leased voting machines and other related election paraphernalia to the Comelec.
DISAPPOINTED
In a statement, Smartmatic expressed disappointment over the ruling of the Comelec, which abruptly ended its role in the country’s electoral history.
“Smartmatic expresses profound disappointment in the decision made by the Comelec to disqualify Smartmatic from bidding on the 2025 contract for election technology,” it said.
The firm insisted it has “consistently adhered” to all the bidding and contractual requirements of the Comelec.
“Over the course of these 15 years, as we contributed technology and services to Comelec, we have consistently adhered to all their procurement processes during biddings and contract execution,” said Smartmatic.
As to its alleged links to the case of Bautista, the company challenged the poll body to show proof of its supposed derogatory record.
“We urge Comelec officials to conduct this search independently, and to show to the public any indictment against Smartmatic. We are confident there is no such indictment in the United States,” said Smartmatic.
There is no word yet if Smartmatic will elevate the case to the Supreme Court.
Senate minority leader Aquilino Pimentel III asked the Comelec to clarify if it will also disqualify the people behind Smartmatic from all future election-related biddings.
“Will the Comelec pierce the veil of corporate identity and also disqualify personalities behind the Smartmatic Corporation?” Pimentel said in a message to the media, adding that “corporations act through people.”
MANUAL RECOUNT
In a related development, the Comelec said it is waiting their critics to file a petition with the poll body before formally commencing with the manual recount of the ballots used in the May 2022 national and local polls.
In its resolution, the Comelec en banc said it will not initiate the manual recount of the 2022 ballots unless the group of former Department of Information and Communications Technology (DICT) secretary Eliseo Rio files a petition.
“The Commission (En Banc) hereby resolves that in the exercise of its administrative power, it may, upon Petitioner’s instance, order the conduct of the recount of ballots in areas in every region in the country, the procedure and extent of which to be determined, and at no cost to Petitioner,” said the Comelec.
“The Commission (En Banc) shall, upon motion, authorize a recount, utilizing for the said purpose either the physical ballots or the ballot images, which are the functional equivalent of the physical ballot, at no cost to Petitioner,” it added.
The poll body said allowing such a procedure, which Rio has proposed, is in accordance with the principle of transparency on the part of the Comelec.
“This is consistent with the Commission (En Banc)’s commitment to uphold fair, orderly, and honest elections and to pursue all avenues to strengthen transparency in the conduct of elections,” said the Comelec.
To recall, Comelec chairman George Garcia has proposed the opening of selected ballot boxes used in the 2022 polls and compare the manual counting results to the election returns.
Garcia has suggested that the petitioners choose from the 17 regional polling precincts and the ballot boxes to be subjected to the recount of ballots and comparison to the election returns.
He made the proposal amid the persistent allegations of Rio and company that “serious and material irregularities,” particularly in the transmission and reception of election results, attended the May 2022 polls. — With Raymond Africa
