The Supreme Court (SC) has ordered the Commission on Elections (Comelec) and the Joint Venture of Miru Systems Co., Ltd. of South Korea to answer the petition that sought the nullification of the P17.9 billion contract for the 2025 automated national and local elections.
The Comelec and Miru Systems were also directed to answer the plea for a temporary restraining order (TRO) that could stop immediately the implementation of the contract which was awarded through Comelec Resolution No. 24-0114.
The answer or comment on both the petition and the plea for TRO should be filed within 10 days from receipt of the SC resolution.
The petition against the contract was filed by former Caloocan City 2nd District congressman Edgar R. Erice who claimed that the Comelec had abused its discretion by awarding the contract for the Automated Elections Systems (AES) in 2025 to Miru Systems while disqualifying Smartmatic-TIM Corporation.
Erice rebuked Comelec’s assertion that the vote counting machines (VCMs) of Smartmatic-TIM were unserviceable for “lack of spart parts.” He pointed out that under the contract with Smartmatic, the firm was bound to fix the VCMs and provide spare parts until 2025.
"Comelec declared the VCMs as unserviceable kahit (even if) serviceable pa (still). Declared it unserviceable kasi wala daw spare parts (because there are no spare parts). Pero sa (But in the) contract, obligado ang (obligated) Smartmatic to provide the spare parts," Erice said.
He also claimed that Miru Systems would use prototype machines, which are unreliable for being untested. He likened this to a" robbery in progress."
The contract with Miru Systems was signed last March 11. Under the contract Miru Systems will provide the systems and software; ballot printing, and technical support of the AES.
Under Comelec's Terms of Reference (TOR), whoever will be providing the machine will also provide the papers that will be used, the stamp, as well as the other collaterals needed including the software for the AES except for transmission.
The TOR also provides that to promote transparency, watchers of accredited political parties and deputized citizens’ arms shall be allowed to witness all stages of the printing, storage, and distribution of official ballots.
The Comelec had announced that Miru Systems will make the systems customizable, and Comelec may require reasonable system modifications without additional charge during the customization phase of the project.
Earlier, the SC had ruled that the Comelec “committed grave abuse of discretion” when the poll body disqualified Smartmatic-TIM Corporation in the bidding for the P17.9 billion AES contract in a decision written by Associate Justice Jose Midas P. Marquez.
But the SC, through its Spokesperson Atty. Camille Sue Mae L. Ting, had clarified that the validity of Miru’s contract with Comelec was not the issue presented in the case resolved by the SC based on the petition filed by Smartmatic-TIM.
Thus, Ting said, the SC ruling is not tantamount to upholding Comelec’s contract with Miru Systems since it was not the issue resolved by the justices.