Smartmatic cries foul
The company had provided services to the Comelec for 15 years following the automation of elections in the country
Daily TribuneThe company had provided services to the Comelec for 15 years following the automation of elections in the country
Technology provider Smartmatic questioned on Thursday its disqualification from all procurement biddings of the Commission on Elections, arguing that the basis for the ban was false and non-existent.
Smartmatic noted that the poll body based its decision on the questions raised against former Comelec chairperson Andres "Andy" Bautista over the contract he awarded to the firm.
It has not been indicted in the case Bautista is facing in the United States, Smartmatic pointed out.
"We can categorically state that the basis for our disqualification is not only false but nonexistent," the firm said in a statement, referring to the 6-1 Comelec vote that banned it from participating in future elections.
The company had provided services to the Comelec for 15 years following the automation of elections in the country with vote-counting machines it provided.
"A false accusation and, more so, a disqualification on the basis of non-existent grounds is not only legally and morally wrong, but plain unfair," it said.
Smartmatic rued that "mere news reports and unofficial, leaked documents from abroad" were used by the Comelec in coming up with a decision that is "utterly and facially unacceptable in any jurisdiction, including the Philippines."
Further, it said that the allegations against Smartmatic in 2015-2016 about contracts awarded to it by Comelec were "absolutely false" and would be "dismissed once the investigations are done."
It maintained that it had adhered to all procurement processes during biddings and contract executions.
"Pending the definitive conclusion of an investigation, punishing Smartmatic will not only be premature but inconsistent with Philippine laws, including on procurement," the firm said.
According to Comelec, Bautista established a foreign shell company that was used to receive bribe money from Smartmatic.
In its en banc ruling, the poll body said the charges against Smartmatic and Bautista are public knowledge and tend to cause speculation and distrust in the integrity of the electoral process.
It emphasized the gravity of the bribery allegations and compromised procurement processes and recognized the "imminent threat to the strength and integrity of our democratic processes."
It could have answered the allegations had Comelec given it a chance, Smartmatic said.
"We are very confident that had Comelec informed us of the matter, allowed us to explain our side, and presented countervailing evidence, the unfair disqualification would not have been meted out," the multinational firm said.
Bautista is facing money laundering complaints in the US over the alleged attempted transfer of $4 million from four executives of Smartmatic subsidiaries.
He is also said to be facing bribery charges filed by a US Department of Homeland Security unit for accepting money from an unnamed polling company.
Not enough
Meanwhile, the Comelec has authorized a recount of select ballots — either actual or ballot images — to address the accusations made by former Information and Communications Technology Acting Secretary Eliseo Rio Jr.
"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," the Comelec said.
The resolution contained the decision in which the poll body perpetually disqualified Smartmatic from participating in future elections.
Rio and his colleagues had filed a petition before the Comelec claiming that the 2022 polls was attended by irregularities. The Comelec, however, said the claim of Rio's camp was unfounded.
"In fairness to the Comelec, we applaud its decision to permanently disqualify Smartmatic. But what they are basing it on is a longstanding election issue, as far back as 2016. They didn't look at the irregularities in the 9 May 2022 elections. So, for us, what the Comelec did was not enough," Rio said.