How will votes be counted in 2016?
With the judiciary scrapping the PCOS machine supply deal, the Comelec is left with just about five months (or less) to decide on the mode of the 2016 polls, and for the filing of certificates of candidacy, the printing of ballots, and the preparation of
Overseas Filipino worker Mary Jane Veloso has just been spared from execution in Indonesia. Meantime, a retired teacher has reportedly won the P30- million lotto jackpot, while boxer Manny Pacquiao prepares for his much- awaited bout with American Floyd Mayweather this weekend in Las Vegas, Nevada.
All this after the Supreme Court, nine days ago, legally voided the contract for the reuse in the 2016 national elections of vote-counting machines supplied by Smartmatic-Total Information Management to the Commission on Elections (Comelec). The same machines were used in the 2010 and 2013 national and local elections.
In February, an election watchdog petitioned the high tribunal to thumb down the deal between the Comelec and Smartmatic for the reuse of the machines under an extended warranty contract that skirted the required public bidding for supply deals. The deal involved the Comelec’s purchase and Smartmatic’s repair of precinct count optical scan (PCOS) machines used in the 2010 and 2013 elections so they could be used again in 2016.
The Court decision, in my opinion, now puts into question whether the upcoming 2016 polls will still be “automated” as required by law. I believe there is no question that elections will be held, and that a “no- election scenario” is remote, at best. The public will not stand even for just a postponement.
But with the judiciary scrapping the PCOS machine supply deal, the Comelec is left with just about five months ( or less) to decide on the mode of the 2016 polls, and for the filing of certificates of candidacy, the printing of ballots, and the preparation of voting precincts and the counting mode. This is in addition to tackling numerous other election- related concerns.
Among the options reportedly on the table include the lease of new PCOS machines. This, of course, assumes that there is still time to hold a public bidding for the supply of new machines or systems, or any other service that will be required to complete the voting process. The Comelec seems to believe it is not yet too late.
I make no judgment on the court’s decision. I still deem it timely, considering that the petition versus the Comelec supply deal was filed in February. And I am always supportive of initiatives or efforts to scrutinize procurement deals, more so for anything supplied for the elections. Any and all questions or issues involving transparency and accountability should first be resolved.
I am concerned, however, that any change in the election mode now may wittingly or unwittingly, or intentionally or unintentionally benefit or disadvantage one candidate over the other. Frankly, it never really mattered to me whether the polls are automated. After all, manual elections have elected all presidents since Manuel Quezon in 1935,
all the way to Gloria MacapagalArroyo in 2004.
Past presidential elections have been put into question by allegations of massive cheating, but some polls stand out more than others: the 1969 and 1986 re-elections of Ferdinand Marcos; and, the 2004 election of Arroyo over the late movie actor Fernando Poe, Jr.
Senator Miriam Defensor Santiago also alleged cheating particularly against her during the 1992 election of Fidel V. Ramos, while allegation of cheating, in an automated election setup, also arose with the slim-margin win of VicePresident Jejomar Binay over now Interior Secretary Manuel Araneta Roxas in the 2010 election.
While the public is currently distracted by the Veloso issue and the Pacquiao fight, among others, and given the overall public exasperation with any issue that is political in nature, one wishes that urgent and massive public attention and concern can be soon directed towards how Comelec will resolve the 2016 poll issue.
At this point, the Comelec assures that the 2016 polls can still be automated, using the same or similar setup as in 2010 and 2013. It claims to still have the 82,000 PCOS machines used in the past, and that the Supreme Court decision covered only additional machines that the Comelec had wanted to lease to augment its equipment for 2016.
Comelec Spokesman James Jimenez had also said the Court ruling did not necessarily disqualify the supplier, Smartmatic. As such, the firm can bid anew or negotiate a new contract with the Comelec, in the case of two failed biddings.
“Based on the decision, we can still do direct contracting for the refurbishment [ of PCOS machines]. The SC also believes there is a need for that and it was only concern over the manner that it will be done,” he was quoted in a news report.
The focus, in my opinion, should now be on the Palace’s appointment of a new chairman and two new commissioners to the sevenman Comelec. This is after the confirmation of the appointment of Commissioner Arthur Lim last month. Lim was a private prosecutor in the impeachment trial of Chief Justice Renato Corona. He will serve at the Comelec until February 2018.
In 2012, then Comelec Commissioner Augusto Lagman was removed from the poll body after serving for only 10 months. This was reportedly on concerns that he would not be confirmed by the Commission on Appointments anyway. Lagman was also reportedly opposed to the Comelec’s plan to buy, sans public bidding, the 82,000 PCOS machines used in the 2010 polls.
Lagman stepped down and the Comelec had gone ahead to sign an extended warranty deal with Smartmatic, which was later voided by the Court for supposedly violating procurement rules, as Lagman had alleged previously. Lagman obviously took a stand and lost his job, but appears to have been proved right in the end. Perhaps even vindicated, even if just partly.
Question now is, will President Aquino’s other appointees to the Comelec, including Lim, still insist on a deal with Smartmatic? If three new commissioners are named soon, will they also insist on a deal with Smartmatic?