Elections automated next year, SC rules

EDITORIAL

Now it is final. Elections would be automated next year, and crooked politicians who are planning to rig elections the old fashioned way in their favor may have to think of other means to accomplish their sinister plans.

This, after the Supreme Court ruled with finality Tuesday the government’s P1.8-billion deal for the purchase of precinct count optical scan (PCOS) machines for next year’s polls is legal. A majority of eight out of 11 justices voted to affirm the SC decision last June 13 during its regular session.

They dismissed the motion for reconsideration of the Automated Election System Watch led by former Vice President Teofisto Guingona Jr. 

Three justices who had joined the majority opinion in the earlier ruling – Senior Associate Justice Antonio Carpio and Associate Justices Mariano del Castillo and Jose Perez – were not present in the deliberation Tuesday.

A source said justices in the ruling opinion kept their stand that the contract for the purchase of some 82,000 machines used in the 2010 polls was legal since it was forged when the earlier contract between

Comelec and Smartmatic for the 2010 polls was still valid.

           

They dismissed the claim of petitioners that the period of the option to purchase under the AES contract had already lapsed on Dec. 31, 2010.

           

The majority also again pointed out that Comelec has not yet returned in full the P360-million performance security bond it had collected from Smartmatic, proof that the contract was still valid.

           

They were also not convinced by petitioners’ argument that the ruling would be tantamount to giving Smartmatic-TIM a benefit that was not known and available to all bidders during the bidding of the 2010 polls when its contract was extended after supposed expiration.

           

Lastly, they cited failure of petitioners to “give a plausible alternative to ensure the conduct of a successful 2013 automated elections, in the event that the Court nullifies the Deed of Sale.”

           

Associate Justice Diosdado Peralta penned the ruling.

Joining him were Associate Justices Presbitero Velasco Jr., Teresita Leonardo-de Castro, Lucas Bersamin, Roberto Abad, Jose Mendoza, Lourdes Sereno and Bienvenido Reyes.

           

Justice Martin Villarama dissented, along with Justices Arturo Brion and Estela Perlas-Bernabe.

Dissenters said the contract should be voided for violating Republic Act 8436, the Poll Automation Law.