Comelec: Poll automation deal on unless SC issues TRO

MANILA, Philippines - Only a temporary restraining order from the Supreme Court can stop the Commission on Elections (Comelec) from signing Friday its contract with the winning consortium for the automation of the 2010 elections, the poll body said. Comelec spokesman James Jimenez stressed that unless the SC issues a TRO in response to a petition filed by Harry Roque and other lawyers Thursday, the Comelec will push through with the 2 p.m. signing of its contract with the consortium of Smartmatic Corp. and Total Information Management (TIM). "Kung may ma-issue na TRO today bago pirmahan ng kontrata gagalangin natin yan. Nguni’t hangga’t walang nailalabas na ganyang klaseng order ang Korte Suprema, patuloy ang ating pagpirma ngayong 2 p.m. [If the SC issues a TRO before the contract signing, we will respect it. But unless the TRO is issued, the signing will go on at 2 p.m.]," Jimenez said in an interview on dwIZ radio. The incorporation papers of Smartmatic and TIM, which had a brief spat before burying the hatchet last week, are all in order, Jimenez said. Jimenez assured that the Comelec will do everything within its power to ensure clean and orderly elections in 2010, adding that the poll body will continue to work on some “gray areas" for the automated elections. One gray area involves the automated machines’ rejection of ballots if the voter shades too many names, such as if the voter picks more than 12 candidates for senator. "Yan [ang] isang bagay na ise-settle sa policy [That is one thing we will have to settle as part of policy]," Jimenez said. Resignation from posts Another gray area involves whether appointed officials who file their certificates of candidacy in November should resign from their posts. Jimenez said the law only requires resignation when the campaign period starts. The campaign period is 90 days before Election Day for national posts, and 45 days before Election Day for local posts. However, some sectors claim the incumbent officials can use the resources of their office for their campaign. "Medyo gray area yan, maraming nagtatanong ... On the surface, mukhang di pa po. Ang pagkatanggal sa appointive office isang effect ng filing of certificate of candidacy at sinasabi ng batas ang effect will not come into play until the start of the campaign period. So medyo gray area yan na sinisikap linawin ng Comelec even as we speak," he said. [It’s a gray area and many people are asking that question but on the surface, an appointed official need not resign November because removal from appointive office will not come into play until the start of the campaign period. Still, it’s a gray area and we are trying to resolve that.] Before noon Thursday, lawyers and concerned citizens led by Roque asked the high court to stop the Comelec from signing the multi-billion poll automation contract with the consortium of Smartmatic and TIM. Named respondents in the petition were Comelec chairman Jose Melo, Comelec Special Bids and Awards Committee chair Ferdinand Rafanan, Budget Secretary Rolando Andaya, and Smartmatic-TIM. The group accused Comelec of violating Section 6 of Republic Act 8436, or the law on poll automation, which orders the poll body to conduct a pilot test in at least two highly-urbanized cities first before awarding a contract. Disappointment On Thursday evening, Jimenez voiced disappointment over a petition lodged by a civil society group to halt the automation of next year’s elections. "The Comelec is disappointed with Atty. Harry Roque’s decision to file a petition for preliminary injunction to derail the 2010 automation project. The grounds he has repeatedly stated in various press conferences seem to indicate that he may have incomplete facts about the project," Jimenez said in a statement posted on the Comelec blog site. "We will meet this challenge as we have other challenges to the 2010 automation project: with full transparency and a genuine desire to deliver to the Filipino people the first fully automated national elections," he added. But Roque stood by their petition, saying the SC will be the one to decide whether the Comelec's deal with the winning consortium should push through. "Gaya ng buong sambayanan, gusto sana namin magkaron ng automation pero mas importante na yung automation natin ay sang-ayon sa batas at magbibigay sa atin ng isang election na mayroon kredibilidad [Like the rest of the country, we want automation. But it is more important to have automation that is in accordance with the law, one that will give credibility to the elections]," Roque said in an interview with GMA News' Arnold Clavio on Unang Hirit on Friday. Roque expressed optimism that the SC will act favorably on their petition, saying their bid to bar the Comelec's deal with Smartmatic-TIM does not stop at asking for a TRO. "Meron kaming iba't ibang mga prayer dun sa petisyon namin. Kung hindi namin mapigil yung pagpipirmahan nila, ang hinihingi namin sa korte e pigilan yung [pagpondo ng proyekto para nga hindi matuloy yung implementasyon [We have various prayers in our petition. If the contract-signing can't be stopped, we asked the court to bar the disbursement of funds for the project so that it will not be implemented]," Roque said. - GMANews.TV