Comelec to proceed with Miru deal for 2025 polls
The Commission on Elections (Comelec)'s contract for the lease of automated counting machines with Miru Systems remains valid despite the Supreme Court (SC) ruling favoring technology provider Smartmatic.
Comelec Chairman George Garcia explained that the high court did not nullify the contract with Miru Systems, but merely clarified the extent of the commission's power in the bidding process.
'The Supreme Court said that (Smartmatic) should not have been disqualified that early but everything after the disqualification is valid. This means that the awarding and procurement after the disqualification are valid,” he said.
Until the Court issues a temporary restraining order against the Comelec, Garcia said the poll body will continue with scheduled activities as even a dayÕs delay in their preparations could adversely impact the conduct of automated elections next year.
He noted that Miru Systems was set to start the manufacturing of the 110,000 automated counting machines yesterday.
The commission sent a team to South Korea to observe the manufacturing of the first batch of automated counting machines.
Previous to the SC decision, Garcia said there was still no clear interpretation as to the extent of the Comelec role in the procurement process.
He also said that the SC decision, once it becomes final, is ÒprospectiveÓ and will not affect the ongoing preparations for the May 2025 elections but will allow Smartmatic to participate in future biddings.
However, Smartmatic legal counsel Christian Robert Lim said the company is studying the possibility of filing a complaint against Comelec as the disqualification tainted SmartmaticÕs integrity and impacted the business company.
Meanwhile, former congressman Edgar Erice filed a petition for certiorari before the SC yesterday, which also sought a restraining order or a writ of preliminary injunction to declare null and void the contract between Comelec and Miru Systems.
In an interview, Erice said the contract violated Republic Act 7369 or the Automated Election Law.
ÒFirst, many procedures were not followed. Second, the machine that will be used is a prototype. We will become a guinea pig. ItÕs against the law,Ó he said.
Erice also claimed Miru cannot be trusted as it has many Òred flags,” saying the firm is “only used to authoritarian governments.Ó
ÒHighly anomalous, itÕs a robbery in progress,Ó he said.
Erice also noted that the government will spend P17.99 billion for this automated elections when the government only spent about P6 billion in the past five elections.
The former congressman, however, said service provider Smartmatic is not involved in his petition.
ÒThey have nothing to do with this and they have their own fight. Their fight is to participate in the bidding. My fight is that this is a robbery in progress,Ó he said.