Smartmatic threatens to sue Comelec if...

MANILA, Philippines – Smartmatic-Total Information Management (TIM) Corp. yesterday warned the Commission on Elections (Comelec) of adverse legal implications if the refurbishing of the precinct count optical scan (PCOS) machines is subjected to public bidding.

In a statement, Smartmatic-TIM counsel Ruby Yusi said if the contract to refurbish would be given to another provider, the latter would have to resort to “reverse engineering which can be considered illegal.”

“Smartmatic has said that the Comelec could be held liable for breach of intellectual property clauses stipulated in their option to purchase contract in 2013,” Yusi noted.

She added that the P1.8 billion paid by the Comelec to purchase the machines from Smartmatic covers only the units themselves, and not the entire technology.

In an earlier interview, Smartmatic president for Asia Pacific Cesar Flores said that they owned the intellectual property rights to the PCOS machines.

Flores added that Smartmatic could sue Comelec if it gives the contract to other companies and the “information” on the PCOS machines is revealed in the process.

But for the election watchdog Citizens for Clean and Credible Election (C3E), it is “outrageous” for Smartmatic to claim exclusive rights over the PCOS machines.

According to C3E spokesman Dave Diwa, exclusive rights cannot be claimed by an entity that is no more than a middleman.

“For Smartmatic to claim it is the sole provider capable of refurbishing the PCOS is outrageous. Smartmatic is a middleman masquerading as an industry expert,” he said.

Diwa reiterated that Smartmatic-TIM does not own the hardware and software of the PCOS machines, which belong to Jarltech and Dominion, respectively.

“There are plenty of more than equally capable and willing companies who could provide the same service, and at a fraction of the cost,” Diwa added.

Stick to AES Law

A lawmaker has called on the Comelec to strictly adhere to the provisions of Republic Act 8436 or the Automated Election System (AES) Law to ensure its implementation in the 2016 presidential elections.

Valenzuela City Rep. Sherwin Gatchalian issued the statement amid calls by election watchdogs for a return to the old system of manual voting and counting following alleged widespread glitches during the automated 2010 and 2013 elections.

Automated Election System Watch (AES Watch) and C3E suggested the return to manual balloting and tallying at precincts for the 2016 polls, which would cost little and could be monitored by voters, while canvassing and transmission of votes would remain automated.

“We cannot go back to manual voting and counting at the precinct level. This is like going back to the Dark Ages. What the Comelec should do is to be more transparent and follow the security features of the automated elections system,” Gatchalian said.

He said it is the duty and responsibility of Comelec to correctly implement to the letter the AES Law, which has five operative principles, namely: free, orderly, honest, peaceful and credible elections.

“Comelec should stick to the provisions of the law. We have encountered enough problems during the 2010 and 2013 elections which could very well serve as reminders that the AES Law must be implemented correctly by the Comelec,” he added. – Paolo Romero