Comelec: SC TRO to spell doom to poll automation

MANILA, Philippines – A temporary restraining order (TRO) from the Supreme Court against the poll automation contract will ensure a return to manual elections in 2010, the Commission on Elections said Wednesday. Comelec spokesman James Jimenez said a TRO stemming from a civil society group’s new petition will delay the automation project, which he said is already under time pressure. “Unfortunately kung magkaroon ng TRO ngayon, made-delay nang husto ang project. Kung magkaganoon, baka hindi na kailangang tapusin ito dahil hindi na aabot sa halalan (Unfortunately, if the High court issues a TRO now, the project will be delayed to a point that we won't be able to complete it)," he said in an interview on dzXL radio. Last Monday, the Concerned Citizens’ Movement (CCM) – in a “very urgent motion" – asked the Supreme Court to prevent the release of P2.875 billion in advance payments to contractor Smartmatic-TIM, even as an earlier petition against the contract to automate the 2010 elections is still pending. The Supreme Court set July 29 for the oral arguments on CCM’s earlier (July 9) petition that seeks to strike down the poll automation dea. The CCM expressed fears that the alleged “violations" in the contract have put government at the losing end should the project fail. “If the payment schedule is to be believed, respondent Commission on Elections will have to pay…up front, even before the consortium could deliver one counting machine of the 80,200 machines," the petitioners said. The agreement also mandates the government to pay 57.5 percent or P4.135 billion of the total P7.2-billion contract price. CCM members claimed that if ever the SC later decides in their favor and orders the cancellation of the deal, the government wouldn't be able to retrieve initial payments made by the government. But last Tuesday, the High court did not issue an order to stop the payments. Instead, it asked officials of the Comelec, contract holder Smartmatic-TIM (Total Information Management) consortium, Comelec Special Bids and Awards Committee chairman Ferdinand Rafanan and Budget Secretary Rolando Andaya Jr. to respond to the CCM’s plea. ’We’re ready’ Minutes before the signing of the poll automation deal on July 10, Comelec chairman Jose Melo had assured the public that the poll body would respond to any petition filed against it before the court. “Kapag humingi sila ng comment (If the Supreme Court asks us to comment), we will comment. I think we will be able to answer it," Melo told reporters in Manila. In its earlier petition filed a day before the signing, the CCM asked the SC to scrap the government deal with Smartmatic-TIM because the firm allegedly violated Section 6 of Republic Act 8426, or the law on poll automation. The CCM claimed that the Comelec failed to conduct pilot tests of the winning bidder’s technology in at least two urbanized cities in the Philippines. Taiwanese-firm Jarltech would be tapped by Smartmatic-TIM to manufacture the precinct count optical system (PCOS) machines. But since Jarltech is not a signatory to the joint venture contract, the CCM said the firm could not be held liable if ever the machines fail. Double time The Comelec is working double time to stick to its poll automation preparation schedules, after a tiff between Smartmatic and its Filipino partner TIM delayed the process. But when asked if the Comelec is ready to implement manual elections if the automation project fails, he said: “Yes, definitely handang handa tayo riyan (definitely we are ready)." Jimenez said that in the meantime, the Comelec is following its calendar of delivery of payments for deliverables. "May malinaw na timetable ang Comelec. Susundin natin yan. Hangga’t hindi tayo pinipigilan ng Korte Suprema, walang dahilan para tumigil tayo sa ating paghahanda sa automated na halalan sa 2010 (As the Comelec had said, we have a clear timetable to follow. As long as the high court does not restrain us, there is no reason for us to stop our preparations for automated polls in 2010)," he said. For its part, the Palace maintained that it sees no reason why the poll automation deal between Smartmatic-TIM and the government should be voided, radio dzBB reported Tuesday.- with Mark Merueñas, GMANews.TV