MANILA, Aug. 25 (PNA) — The Supreme Court (SC) was asked on Tuesday to cite Smartmatic-TIM Corporation and the Commission on Elections (Comelec) in contempt of court.
In a 16-page motion, petitioners Atty. Melchor Magdamo and Leon Estrella Peralta told the SC that the respondents defied the decision of the SC on April 21, 2015 which nullified the “extended warranty contract” entered into between the Comelec and Smartmatic-TIM for the refurbishment of the precinct count optical scan (PCOS) machines.
In the April 21, 2015 SC ruling, it said that the Comelec should conduct a bidding for the refurbishment of the old PCOS machines.
Although the Comelec had conducted two biddings for the PCOS refurbishment which were both declared as “failure,” Magdamo believed that what took place was only a “hao-siao” or a “make-believe bidding.”
The petitioners argued that the Comelec seems to have deliberately declared the process as a “failure” in order to favor the Smartmatic-TIM for the bigger contract for the additional 70,000 optical machine recorder (OMR) units.
Magdamo also argued that if the procurement process will continue or conduct another bidding, or undergo a “direct contracting,” there is still sufficient time to make the PCOS machines refurbishment because the process of repair would only take about three months.
The petitioners also told the SC that if in the end, the Smartmatic-TIM will still be chosen by the Comelec for the direct contracting, the government should not anymore make any payment because it is part of the obligation of the joint venture under the “option to purchase contract” when the Comelec purchased the machines from them. (PNA)