SC: Comelec erred in disqualifying Smartmatic

MANILA, Philippines —  The Commission on Elections (Comelec) committed grave abuse of discretion when it disqualified service provider Smartmatic from bidding in its 2025 poll projects, the Supreme Court (SC) ruled yesterday.

According to the SC, the Comelec implemented a “discretionary pre-qualification regime” that was “antithetical” to the government’s bidding process.

“While the SC acknowledged the power of the Comelec (to run elections), the Comelec itself did not comply with its own procedures in its bidding and awards committee, which was antithetical to the appropriations law that applied,” SC spokesperson Camille Sue Mae Ting told reporters at a press conference in Baguio City.

However, the SC noted in its ruling that its finding is not enough to nullify the public bidding or award of the contract to Miru Systems, which won the public bidding.

The high court cited considerations of equity, justice, practicality and the doctrine of operative fact when it arrived at its decision.

“This means that the law produced consequences that cannot always be ignored or disregarded. It nullifies the law but sustains its effect. It is only resorted to as a matter of equity and fair play,” the SC said, as quoted by Ting.

Smartmatic has provided Comelec with poll machines and the technology since the 2010 national elections, the Philippines’ first automated polls. It is 100 percent privately owned and has no ties to political parties or groups, according to its website.

In 2023, the Comelec en banc disqualified Smartmatic from participating in future elections in the Philippines due to the alleged 2016 bribery scheme involving the firm and former elections chief Andres Bautista.

Smartmatic questioned Comelec’s decision before the SC through a petition for certiorari and had sought a temporary restraining order (TRO) and a writ of preliminary injunction (WPI), asking the Court to stop the poll body from implementing the disqualification.

The SC did not grant a TRO or a WPI, saying Smartmatic was merely a prospective bidder with no actual, clear and positive right and it will not suffer irreparable injury.

However, while Smartmatic did not suffer irreparable injury, the firm has legal remedies it can take.

The SC decided on the case on April 16 and it was Associate Justice Jose Midas Marquez who penned the ruling. The Court has yet to release a copy of the full decision.

No effect

The Comelec is discussing possible actions to take following the Supreme Court ruling favoring its former technology provider Smartmatic.

“En banc meeting is ongoing. We are discussing it now,” Comelec Chairman George Garcia said in reaction to the high court’s decision.

Comelec spokesman John Rex Laudiangco said only the commission can decide whether the poll body will accept or appeal the SC ruling.

Laudiangco, however, stressed that the commission will always abide by the Supreme Court decision. However, the Comelec has yet to receive a copy of the decision, he said.

But Laudiangco said the SC ruling is unlikely to hamper ongoing preparations for the May 2025 midterm elections.

“We are thankful that this will not affect the conduct of public bidding, awarded contract. So that there will be no obstacles in the Comelec’s preparations for the automation of the 2025 polls,” he said. “There are things that must continue because it is for the greater interest, it’s for the polls.”

Following the ruling, Smartmatic said it will explore further opportunities to contribute to the modernization of Philippine elections.

Smartmatic legal counsel Christian Robert Lim said the Court’s ruling is “a big blow” to Comelec’s decision to declare the vote counting machines “unserviceable.”

“The continued use of the machines could have potentially saved billions of pesos for the Filipino people,” Lim said.

Since 2010, Smartmatic has partnered with Comelec in the conduct of automated elections. After five automated elections, Smartmatic said the Philippines is now among the world’s top-rated countries for citizens’ trust in their elections.

Registrants

The number of those aspiring toparticipate in the midterm elections next year has already surpassed the two million mark, according to the Comelec.

The Comelec reported it has received 2,082,744 applications for voter registration five months from the end of registration period.

Among the 17 regions nationwide, Calabarzon received the most number of applications with 386,256, followed by National Capital Region with 312,865 and Central Luzon with 243,583.

Cordillera Administrative Region listed the least number of applications with 24,390, followed by Mimaropa (51,485) and Caraga (56,512).

A total of 3,137 aspiring voters filed their applications before the Comelec main office in Intramuros. Of the total applicants, 1,079,138 are females while 1,003,606 are males.

The Comelec is targeting to lure an additional 3 million qualified individuals to register for next year’s polls.– Mayen Jaymalin