The Philippines' long-time elections service provider, Smartmatic, filed a restraining order to the Supreme Court on Wednesday amidst the disqualification case filed by the Commission on Elections from participating in all procurements in the upcoming elections.
Comelec chairman George Erwin Garcia responded to Smartmatic's motion by stating that it is their right to appeal to the court
"The recourse they made was just right. The important thing is at least, they availed themselves of the so-called 'legal process' based on what is prescribed by our existing policies," Garcia said in an interview.
Garcia added that Comelec will abide by the possible Supreme Court's order on the disqualification case of Smartmatic.
"Although our decision is executory, the final decision still depends on the Supreme Court. If a temporary restraining order will be issued, the Comelec will abide," Garcia stated.
Franklin Ysaac, one of the petitioners who filed a case against Smartmatic, said in a Facebook post that what the service provider did was expected and they are ready to file comments after the Supreme Court requests for their response.
"As expected, Smartmatic through their lawyer Accra, filed a temporary restraining order regarding the disqualification order by the Comelec before the SC. Our lawyers are ready to file our comments after SC requests our response. Comelec will be given the same order by SC to respond to this TRO filing. Timing is important as SC has to deliberate on this filing before bidding anytime BAC by Comelec," Ysaac stated.
When asked if Smartmatic still has time to participate in the bidding process, Garcia said it is still up to the Supreme Court.
"We will see if Smartmatic can catch up. We have done our job, and it's now up to the honorable Supreme Court," Garcia said.
