Brillantes OKs P268.8-M Smartmatic deal before retiring

MANILA, Philippines - Commission on Elections (Comelec) Chairman Sixto Brillantes Jr. signed the P268.8-million contract with technology provider Smartmatic-Total Information Management Corp. three days before his retirement, apparently to spite his critics.

The deal was lower by P31.2 million from Smartmatic’s original offer of P300 million.

“Last Jan. 30, I signed the contract with Smartmatic despite all the criticisms. Despite all of the attacks, I still signed the deal with Smartmatic. I did not have to sign it but I signed it,” Brillantes said during his farewell speech yesterday at the Comelec main office in Manila.

He challenged those criticizing the Comelec for directly contracting Smartmatic to question the deal before the Supreme Court (SC).

“The contract has not been signed but they kept on attacking us so I signed it. Now, I dare all of them to bring it up to the highest court of this land and I will fight for it up to the end,” Brillantes said.

He said the Comelec is prepared to defend every provision in the contract as it is advantageous to the government.

For his part, acting Comelec chief Christian Robert Lim said Smartmatic had agreed to lower the contract price from P300 million to P268.8 million.

He added the scope of Smartmatic’s services had been expanded from diagnostics and minor repairs to “major repairs and replacement of destroyed machines.”

“We got a good deal. It’s more of a win-win for us,” Lim said.

Brillantes, along with Commissioners Lucenito Tagle and Elias Yusoph, retired yesterday, leaving only four commissioners running the Comelec. They are Lim, Luie Guia, Al Parreño and Arthur Lim.

Malacañang has yet to appoint the replacements for the retired officials.

SC asked: Stop Smartmatic deal

A poll watchdog ran to the SC yesterday to stop the poll body’s contract with Smartmatic for the diagnostics and repair of the precinct count optical scan (PCOS) machines to be used in the 2016 national elections.

The Automated Election System Watch (AES Watch) asked the high court to restrain the Comelec from implementing its contract with Smartmatic.

The petitioners, led by former Comelec commissioner Augusto Lagman and Manila Auxiliary Bishop Broderick Pabillo, urged the SC to declare as void the poll body’s Resolution No. 9922 that provided for the “diagnostics, repair and refurbishment” of 80,000 PCOS machines.

They alleged that the Comelec committed grave abuse of discretion and violated Republic Act 9184 (Government Procurement Reform Act) in approving the deal with Smartmatic without public bidding.

“Lack of time, as Comelec alleged to conduct it, is not one of the conditions spelled out in RA 9184 when public bidding may be dispensed with,” read the petition filed through lawyer Manuelito Luna.

AES Watch spokesman Nelson Celis branded the Comelec resolution as a “midnight deal that paved the way for continuing travesty of our elections by defective Smartmatic PCOS machines and a non-compliant Comelec.

‘No rush’

Brillantes maintained the Smartmatic deal was not rushed, contrary to the insinuation of critics that the contract price includes a “sendoff gift” for him.

“It cannot be rushed. We have been discussing this since February of last year. There’s no rush,” he said.

Brillantes, however, admitted that the Comelec was able to strike a good deal with Smartmatic because of the noise created by the critics who questioned the eligibility of the Netherland-based firm and the accuracy of the PCOS machines.

“Critics helped us on that aspect. Because of them, Smartmatic realized that it will be hard for us to defend the contract so they agreed to lower the price and increase the scope of their service,” he said.

Mar’s lawyer not interested in Comelec

Navotas City Rep. Tobias Tiangco yesterday slammed the Liberal Party (LP)’s underhanded move to appoint the personal lawyer of Interior Secretary Mar Roxas to the Comelec.

Tiangco, interim president of the United Nationalist Alliance (UNA), was referring to lawyer Joe Nathan Tenefrancia, who is reportedly being eyed as Brillantes’ replacement.

“With the retirement of Brillantes as well as Commissioners Tagle and Yusoph, the President needs to fill the three empty seats, which put the administration party in undue advantage. In other words, for the 2016 elections, all seven Comelec commissioners will be P-Noy appointees, led by a Mar die-hard. How can you expect clean and honest elections in 2016?” Tiangco  said.

Tenefrancia said yesterday he was not interested in the post.

Meanwhile, UNA was urged yesterday to stop putting political color on appointments to be made by President Aquino in the Comelec.

Eastern Samar Rep. Ben Evardone made the appeal in reaction to Tiangco’s statement that the LP would lobby for the appointment of its own people to replace three retired Comelec officials, including Brillantes.

“I am sure the President will exercise his appointing power and discretion pursuant to the best interest of the nation, not in consideration of any political party or objective,” he said.

Tiangco said Tenefrancia is the lawyer representing Roxas in his election protest against Vice President Jejomar Binay, who founded UNA.

He said the administration would ensure the victory of Roxas against Binay in the 2016 elections “by hook or by crook.” – With Edu Punay, Paolo Romero, Jess Diaz