Comelec on Smartmatic disqualification: 'It was the right decision'
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Comelec on Smartmatic disqualification: 'It was the right decision'
Victoria Tulad,
ABS-CBN News
Published Nov 30, 2023 07:10 PM PHT
MANILA — The Commission on Elections (Comelec) on Thursday stood by its decision to disqualify Smartmatic.
MANILA — The Commission on Elections (Comelec) on Thursday stood by its decision to disqualify Smartmatic.
“It was a very difficult decision but nonetheless, it was the right decision. And we will stand firm on what the Comelec en banc decided,” Comelec chairman George Garcia said in a press conference Thursday.
“As far as the Comelec en banc is concerned, all other, all procurements hereon, they are disallowed or they are disqualified. So meaning to say that decision may change depending on the composition of the en banc. Or that may change depending on the circumstances,” he added.
The vote was 5-1-1. Five, including Garcia, voted to disqualify Smartmatic on its alleged involvement in the bribery case against former Comelec chair Juan Andres Bautista.
Commissioner Aimee Ferolino had a a separate concurring and dissenting opinion, while Commissioner Marlon Casquejo did not vote as he was on official business.
Ferolino agreed that there was no doubt about the plenary authority of the poll body.
She voted to dismiss the petition of the group of former Department of Information and Communications Technology (DICT) Acting Secretary Eliseo Rio Jr. seeking the disqualification of Smartmatic over alleged irregularities in the 2022 elections.
She questioned, however, the use of the United States government’s case against Bautista saying it was “an issue never properly raised.”
Bautista was accused of receiving bribes in “exchange for awarding a contract for election machines to Smartmatic Corp.” in the 2016 elections.
“It was a very difficult decision but nonetheless, it was the right decision. And we will stand firm on what the Comelec en banc decided,” Comelec chairman George Garcia said in a press conference Thursday.
“As far as the Comelec en banc is concerned, all other, all procurements hereon, they are disallowed or they are disqualified. So meaning to say that decision may change depending on the composition of the en banc. Or that may change depending on the circumstances,” he added.
The vote was 5-1-1. Five, including Garcia, voted to disqualify Smartmatic on its alleged involvement in the bribery case against former Comelec chair Juan Andres Bautista.
Commissioner Aimee Ferolino had a a separate concurring and dissenting opinion, while Commissioner Marlon Casquejo did not vote as he was on official business.
Ferolino agreed that there was no doubt about the plenary authority of the poll body.
She voted to dismiss the petition of the group of former Department of Information and Communications Technology (DICT) Acting Secretary Eliseo Rio Jr. seeking the disqualification of Smartmatic over alleged irregularities in the 2022 elections.
She questioned, however, the use of the United States government’s case against Bautista saying it was “an issue never properly raised.”
Bautista was accused of receiving bribes in “exchange for awarding a contract for election machines to Smartmatic Corp.” in the 2016 elections.
Garcia respects Ferolino’s position, but said the accusation against Smartmatic and Bautista was mentioned in one of the documents filed before the poll body but the company did not counter it.
“Hindi yun lihim, yung issues discussed,” Garcia said. “Nandiyan ang issue na ‘yun bakit hindi nila mismo kinounter eh part ‘yun ng kabuuan ng disqualification eh bakit hindi nila kinounter?”
On Smartmatic’s argument that they have not been indicted yet, Garcia insisted that they can exercise their administrative power and decide even without a case.
“Ang ibig sabihin kapag administrative function, we can act based on something which we are fully aware of, not necessarily because it was contained in any petition or whatever,” Garcia explained.
The poll chief emphasized that preserving the integrity of the election is of utmost importance, “There are several issues pertaining to the integrity and the credibility of this company and therefore kung pababayaan po namin ‘yan, makukuwestiyon po kasi ang integrity ng buong proseso…basta kaduda duda, napakahirap na na ipaliwanag.”
“We are an independent body and we are the body tasked by the constitution to ensure that our election which is the bedrock of our democratic institutions is pure and clean and fair,” Commissioner Ernesto Maceda, Jr. said.
The Comelec, on its own, is also investigating the case of Bautista through a task force and will come out with a decision by the end of December.
Garcia and the Commissioners could not elaborate on their decision to avoid parties who will run to the Supreme Court from using their statements against them.
“How the Comelec was able to arrive at the decision, that’s the subject of a future litigation, of a case definitely, but as far as we’re concerned we have done our part,” Garcia said.
Garcia respects Ferolino’s position, but said the accusation against Smartmatic and Bautista was mentioned in one of the documents filed before the poll body but the company did not counter it.
“Hindi yun lihim, yung issues discussed,” Garcia said. “Nandiyan ang issue na ‘yun bakit hindi nila mismo kinounter eh part ‘yun ng kabuuan ng disqualification eh bakit hindi nila kinounter?”
On Smartmatic’s argument that they have not been indicted yet, Garcia insisted that they can exercise their administrative power and decide even without a case.
“Ang ibig sabihin kapag administrative function, we can act based on something which we are fully aware of, not necessarily because it was contained in any petition or whatever,” Garcia explained.
The poll chief emphasized that preserving the integrity of the election is of utmost importance, “There are several issues pertaining to the integrity and the credibility of this company and therefore kung pababayaan po namin ‘yan, makukuwestiyon po kasi ang integrity ng buong proseso…basta kaduda duda, napakahirap na na ipaliwanag.”
“We are an independent body and we are the body tasked by the constitution to ensure that our election which is the bedrock of our democratic institutions is pure and clean and fair,” Commissioner Ernesto Maceda, Jr. said.
The Comelec, on its own, is also investigating the case of Bautista through a task force and will come out with a decision by the end of December.
Garcia and the Commissioners could not elaborate on their decision to avoid parties who will run to the Supreme Court from using their statements against them.
“How the Comelec was able to arrive at the decision, that’s the subject of a future litigation, of a case definitely, but as far as we’re concerned we have done our part,” Garcia said.
“This is to the best interest of our country, to the best interest of the nation. To us, as far as practicable and possible, so long as we observe the basic constitutional right of everyone, that is more than enough.”
With Smartmatic disqualified, Garcia admitted that there is the worry that no one might bid for the 2025 elections, but he said they had to “bite the bullet” to affirm the credibility of the electoral process.
The deadline for submission of bidding documents is on December 12.
Meanwhile, in another statement this afternoon, Smartmatic said they were never informed about the US case that would form part of the allegations against them.
They maintained that they were not given the chance to present evidence.
It described Comelec’s decision as “arbitrary” and “marked with grave abuse of authority.”
“This is to the best interest of our country, to the best interest of the nation. To us, as far as practicable and possible, so long as we observe the basic constitutional right of everyone, that is more than enough.”
With Smartmatic disqualified, Garcia admitted that there is the worry that no one might bid for the 2025 elections, but he said they had to “bite the bullet” to affirm the credibility of the electoral process.
The deadline for submission of bidding documents is on December 12.
Meanwhile, in another statement this afternoon, Smartmatic said they were never informed about the US case that would form part of the allegations against them.
They maintained that they were not given the chance to present evidence.
It described Comelec’s decision as “arbitrary” and “marked with grave abuse of authority.”
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