Metro Manila (CNN Philippines, November 30) — The Commission on Elections (Comelec) on Thursday defended its decision to bar Smartmatic from participating in future procurements after the company called the ruling “unfair” and questioned its basis.
The poll body said it has the administrative power to disqualify Smartmatic, even for reasons that are different from the main grounds raised in the petition against the technology provider.
“If you go by jurisprudence, when we acted in an administrative capacity — different from acting in a quasi-judicial capacity — reasonable justification is enough,” Commissioner Ernesto Maceda Jr. said in a press briefing. “ I believe the decision supplies naman our basis.”
The Comelec en banc handed down its decision on Wednesday, saying the unresolved bribery claims against Smartmatic in relation to the 2016 elections affect the integrity of the polls.
The company has been accused of bribing former Comelec chairman Andres Bautista in exchange for being awarded a contract for election machines — a claim which both have denied.
This basis of the Comelec ruling has been questioned since it is not the grounds cited in the disqualification petition filed in June, where the alleged irregularities in the 2022 polls were instead brought up.
But according to Maceda, the commission’s hands should not be tied when it is the credibility of the elections already at stake, “just as the Supreme Court has recognized in several cases.”
No due process?
In a statement also on Thursday, Smartmatic lamented allegedly not being given the chance to respond to the bribery claims. Had it been allowed to explain its side, Smartmatic said it is confident that the “unfair disqualification” would not have been meted out.
For one, the service provider argued that the basis for the ruling is “not only false, but non-existent,” as it said it is not facing any formal charge in the United States.
In its ruling, the Comelec said the US government has asked for its assistance, as it probed Bautista and other entities for alleged violation of US laws, including the Foreign Corrupt Practices Act, conspiracy, wire fraud, and money laundering.
But even if there is a pending investigation or indictment, Smartmatic said this does not automatically amount to guilt and that the poll body should abide by the constitutional tenet of presumption of innocence.
To this, Commissioner Rey Bulay argued that even as the probe on the alleged bribery is still ongoing, the Comelec “cannot afford to use a system that will bring doubt to the results of the elections.”
Comelec Chairman George Garcia also insisted that Smartmatic had the chance to defend itself.
He said that while the bribery allegations were not part of the June petition, it was in a supplemental document later lodged by the same petitioners.
“There was an opportunity to be heard,\” he added. \”Pina-hearing pa ng Comelec. Hindi lang po natapos sa hearing, pinag-file ng memorandum [Comelec also held a hearing. And it didn’t stop there, we asked them to file a memorandum],” he added.
Perpetual disqualification?
Asked to clarify if Smartmatic is banned from all election-related procurements and not just for the 2025 polls, Garcia said it is best not to use the term “perpetual” disqualification.
“That decision may change depending on the composition of the en banc, or in the future, that may change, depending on the circumstances,” he said. “But as far as the present en banc is concerned, the company is disqualified from hereon.\”
Garcia said they anticipate Smartmatic to challenge the ruling but added that they do not see the case affecting the bidding process for the 2025 automated election system (AES).
Smartmatic had questioned the timing of the Comelec decision, which it noted comes in the middle of the bidding for procurement of voting machines.
“The net effect of the surprise disqualification is to exclude Smartmatic from the bid process, eliminating the biggest competition for the remaining bidders,” the company said.
