Smartmatic: Disqualification from Comelec procurements is ‘unfair’


Technology provider Smartmatic questioned on Thursday its disqualification from all the procurements of the Commission on Elections, saying that the basis for the ban was false and non-existent.
Smartmatic questioned the decision after Comelec en banc officially decided to bar the technology provider due to the allegations against former Comelec chairperson Juan Andres "Andy" Bautista "in exchange for awarding a contract for election machines to Smartmatic Corp."
For its part, Smartmatic clarified that it has not been indicated or is facing any formal charge in the United States in relation to the former poll chief's case.
"Thus, we can categorically state that the basis of our disqualification is not only false but non-existent. 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," Smartmatic said in a statement.
Smartmatic added that disqualifying people on the basis of "mere news reports and unofficial, leaked documents from abroad" is "utterly and facially unacceptable in any jurisdiction, including the Philippines."
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"On the part of Smartmatic, we assure the public that the allegations made back about contracts awarded by Comelec to our company in 2015-2016 are absolutely false. It will be dismissed once the investigations are done. We assure the public that as a company policy, we adhere to all procurement processes during bidding and contract execution. But pending the definitive conclusion of an investigation, punishing Smartmatic will not only be premature, but inconsistent with Philippine law, including its procurement laws," Smartmatic added.
As per the en banc resolution, Bautista allegedly established a foreign shell business that was used to receive bribe payments from Smartmatic.
"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," according to the resolution
The Comelec en banc noted the "gravity" of the allegations related to bribery and compromised procurement processes and recognized the "imminent threat to the strength and integrity of our democratic processes."
Smartmatic responded to Comelec en banc saying it could have answered the allegations.
"We are very confident that had Comelec informed us of the matter, allowed us to explain our side and present countervailing evidence, the unfair disqualification would not have been meted out," the tech provider stated.
Bautista is reportedly facing money laundering complaints in the US over the attempted transfer of $4 million from four executives of Smartmatic subsidiaries.
He is also said to be facing bribery charges filed by a unit of the US Department of Homeland Security for accepting money from an unnamed poll company.