Smartmatic request for refund junked

MANILA, Philippines - Smartmatic’s request for the refund of P19,045,068.24 deducted from its receivables as penalties for undelivered services in the 2013 polls has been rejected.

Speaking to reporters, Commissioner Rowena Guanzon yesterday said the Commission on Elections (Comelec) had decided to uphold its decision to deduct a total of P24,446,714.88 from payment to Smartmatic for the 2013 elections.

“Last Tuesday, en banc denied the request of Smartmatic,” she said. 

“The books of 2013 have long been closed, no refund can be given. Otherwise the Commission on Audit will disallow that and require them to pay it back.” 

She finds it “mysterious” that Smartmatic is suddenly asking for a refund since the elections happened more than three years ago, Guanzon said.

In 2012, the Comelec had reduced its payment to Smartmatic by more than P24 million after the company had failed to deliver eight of 30 software enhancements for the voting machines.

In his Aug. 26 letter to Comelec executive director Jose Tolentino Jr., Smartmatic project director Elie Moreno claimed that the value of the undelivered enhancement was only P5,401,646.64.

“We respectfully appeal for the reduction of the P24,446,714.88 sum deducted considering … (that) the penalty is more than the (total) value of the software component of P20,256,175,” he said.

Moreno said the enhancement is only a tiny portion of the software component of the contract and “there was no damage caused to the commission” as a result of the non-delivery of enhancements.

“The 2013 elections was successfully conducted without damage done to the commission or to the interests of the people,” he said.