Government lawyers asked the Supreme Court (SC) to dismiss the petition that sought to compel the Commission on Elections (Comelec) to disclose documents on the P17.9 billion contract with automated election system (AES) provider Miru Systems Co. Ltd. for the conduct of the 2025 mid-term elections.
In its comment, the Office of the Solicitor General (OSG) -- led by Solicitor General Menardo I. Guevarra -- told the SC that the petition should be dismissed “for being procedurally infirm and for utter lack of merit.”
The petition was filed by the members of the Right to Know, Right Now Coalition (R2KRN); the Center for Media Freedom and Responsibility (CMFR); the Philippine Press Institute; journalists, and academicians.
The petitioners asked the SC to compel the Comelec and Miru Systems to divulge all information on the contract in view of the withdrawal of the latter’s local partner, St. Timothy Construction Corp. (STCC), from the joint venture agreement and its impact on the 60 percent Filipino ownership requirement.
They wanted to know the updated joint venture agreement to include the current composition of the Miru joint venture; and the detailed allocation of remaining partner’s financial, technical, and operational contributions or any applicable contributions of money, property, or industry, along with their monetary valuation and the resulting percentage interest of each remaining partner.
They pointed out that their petition was filed on the basis of the people’s constitutional right to information on matters of public concern.
In its comment, the OSG denied the petitioners’ claim that the Comelec and Miru violated their constitutional right to information.
It pointed out that while the Comelec may not have provided R2KRN a risk assessment and contingency report, or a detailed allocation of each remaining MIRU-JV partner’s financial, technical and operational contributions, the poll body allowed petitioners’ access to information such as the adjusted percentage of contribution and distribution, and the adjusted responsibilities of each remaining operation in the joint venture.
At the same time, the OSG said the Comelec did not abuse its discretion when it deemed as sufficient compliance the documents furnished to R2KRN last Nov. 11, 2024.
The OSG also told the SC that based on its reading of the joint venture agreement, it appears that the foreign equity of Miru-JV is limited to Miru’s 40 percent share in asset contributions and profit distribution.
“Hence, petitioner R2KRN’s contention that it was deprived of the ability to independently verify whether private respondent Miru-JV continues to meet the nationality, financial, technical and legal requirements under the law, is bereft of any factual or legal basis,” the OSG said.
On performance security, the OSG said the information is posted on Comelec’s website.
Thus, the OSG said, “petitioners R2KRN does not have unbridled right to request for access to information without specifying which information it seeks to be furnished with, or, in this case, which official act or decision it seeks to have access to,”
An almost similar petition was filed last November by former Caloocan City congressman Edgar Erice who wanted to declare null and void the contract between Comelec and Miru Systems.
Erice’s petition has not been resolved by the SC.
The contract with Miru Systems was signed on March 11, 2024. 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.