Comelec committed grave abuse in disqualifying Smartmatic –SC

BAGUIO CITY — The Commission on Elections (Comelec) committed grave abuse of discretion when it disqualified service provider Smartmatic before it submitted any bid, according to a Supreme Court (SC) ruling.

In a press briefing on Wednesday, SC spokesperson Atty. Camille Ting said the finding, however, is not sufficient to nullify the contract for the vote-counting machines for the 2025 elections to South Korean firm Miru Systems.

“[The SC] held that Comelec committed grave abuse of discretion when it disqualified Smartmatic before it had submitted any bids, without any reference to the eligibility requirements prescribed by its Bids and Awards Committee,” Ting said.

“It held that Comelec implemented a discretionary pre-qualification regime antithetical to Government Procurement and Reform Act,” she added.

Sought for comment, Comelec chairperson George Garcia told reporters they would issue a statement regarding the SC decision later in the day after their en banc meeting.

In November 2023, the Comelec disqualified Smarmatic from all procurements of the poll body due to allegations of bribery against former Comelec chairperson Juan Andres “Andy” Bautista “in exchange for awarding a contract for election machines to Smartmatic Corp.”

Smartmatic said the disqualification was unfair as it was based on “mere news reports and unofficial, leaked documents from abroad” are “utterly and facially unacceptable in any jurisdiction, including the Philippines.” 

The firm then filed a petition for certiorari with an application for the issuance of a temporary restraining order (TRO) or writ of preliminary injunction (WPI) before the SC.

Ting said the SC did not grant the TRO or WPI as Smartmatic was merely a prospective bidder with no actual, clear, and positive right. She said the high court found that Smartmatic will also not suffer irreparable injury.

Despite this, the SC granted Smartmatic’s petition against the disqualification, Ting said, adding that with the decision, Smartmatic may participate in the next elections. 

“As of now… puwede po sila mag-participate in the next elections, pero subject din ito, let’s say if anyone files a disqualification case against them again,” she said.

(As of now, Smartmatic can indeed participate in the next elections, but this is subject to, let’s say if anyone files a disqualification case against them again.)

Smartmatic representative Atty. Christian Lim welcomed the ruling, saying it restores justice and sends a clear message to those at the helm of Comelec.

“By rectifying Comelec’s questionable decision, the Court not only vindicated Smartmatic but also set a crucial precedent for upholding transparency and accountability in public procurement processes,” Lim said in a statement. —KBK, GMA Integrated News