SC finds abuse of discretion in Comelec ban on Smartmatic | ABS-CBN
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SC finds abuse of discretion in Comelec ban on Smartmatic
SC finds abuse of discretion in Comelec ban on Smartmatic
Jauhn Etienne Villaruel,
ABS-CBN News
Published Apr 17, 2024 02:56 PM PHT
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Updated Apr 17, 2024 03:54 PM PHT
MANILA — The Supreme Court (SC) has ruled that the Commission on Elections (Comelec) committed grave abuse of discretion when it banned its previous contractor Smartmatic from participating in election biddings due to alleged illegal practices, the court's spokesperson announced Wednesday.
MANILA — The Supreme Court (SC) has ruled that the Commission on Elections (Comelec) committed grave abuse of discretion when it banned its previous contractor Smartmatic from participating in election biddings due to alleged illegal practices, the court's spokesperson announced Wednesday.
"[The SC] held that Comelec committed grave abuse of discretion when it disqualified Smartmatic before it submitted any bids, without any reference to the eligibility requirements prescribed by its bids and award committee," SC spokesperson Camille Ting said in her first public briefing.
"[The SC] held that Comelec committed grave abuse of discretion when it disqualified Smartmatic before it submitted any bids, without any reference to the eligibility requirements prescribed by its bids and award committee," SC spokesperson Camille Ting said in her first public briefing.
In a resolution last year, the poll body said the allegations of bribery and compromised procurement processes by the US government against former Comelec Chairman Juan Andres Bautista and Smartmatic posed an “imminent threat to the strength and integrity” of the Philippines’ democratic processes.
In a resolution last year, the poll body said the allegations of bribery and compromised procurement processes by the US government against former Comelec Chairman Juan Andres Bautista and Smartmatic posed an “imminent threat to the strength and integrity” of the Philippines’ democratic processes.
Smartmatic then filed a petition before the SC questioning Comelec's decison.
Smartmatic then filed a petition before the SC questioning Comelec's decison.
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Before the SC handed down its ruling, the Comelec had already awarded most of its major election contracts for the 2025 midterm elections to new players, particularly the joint venture Miru Systems.
Before the SC handed down its ruling, the Comelec had already awarded most of its major election contracts for the 2025 midterm elections to new players, particularly the joint venture Miru Systems.
On Wednesday, the SC said that it did not nullify the contract awarded to Miru, citing "equity, justice, practicality and the doctrine of operative fact."
On Wednesday, the SC said that it did not nullify the contract awarded to Miru, citing "equity, justice, practicality and the doctrine of operative fact."
SMARTMATIC WELCOMES RULING
In a statement, Smartmatic said they welcome the SC ruling.
In a statement, Smartmatic said they welcome the SC ruling.
"The verdict dealt a blow against the questionable actions of certain Comelec commissioners which include the sudden and random declaration of the VCMs as unserviceable despite several more years of functionality and ongoing warranty," the company said.
"The verdict dealt a blow against the questionable actions of certain Comelec commissioners which include the sudden and random declaration of the VCMs as unserviceable despite several more years of functionality and ongoing warranty," the company said.
"We welcome the ruling of the Supreme Court especially to its adherence to the rule of law and due process. With regard to the non nullification of the award to Miru, we will read first the decision before making any comment on that," Smartmatic spokesperson Christian Lim
"We welcome the ruling of the Supreme Court especially to its adherence to the rule of law and due process. With regard to the non nullification of the award to Miru, we will read first the decision before making any comment on that," Smartmatic spokesperson Christian Lim
Meanwhile, Comelec said they "accept" the SC's decision on their resolution against Smartmatic.
Meanwhile, Comelec said they "accept" the SC's decision on their resolution against Smartmatic.
"Ang Comelec po ay tinatanggap ang desisyon ng Korte Suprema. Ang pagdedesisyon naman po dito sa kaso ng Smartmatic ay para po sa bayan," spokesperson John Rex Laudiangco said.
"Ang Comelec po ay tinatanggap ang desisyon ng Korte Suprema. Ang pagdedesisyon naman po dito sa kaso ng Smartmatic ay para po sa bayan," spokesperson John Rex Laudiangco said.
—With reports from Victoria Tulad, ABS-CBN News
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