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Comelec says it will appeal SC ruling on Smartmatic ban

Comelec says it will appeal SC ruling on Smartmatic ban

John Rex Laudiangco
INQUIRER FILE PHOTO/LYN RILLON

The Commission on Elections (Comelec) will appeal the Supreme Court鈥檚 ruling that the poll body erred when it disqualified Smartmatic from participating in the procurement processes for the automated election system to be used in the 2025 midterm polls.

鈥淲e will file a motion for reconsideration after we get a copy of the honorable Supreme Court鈥檚 decision, at least on the issue of grave abuse of discretion and the defining of the powers of the Comelec prior to procurement,鈥 Comelec Chair George Erwin Garcia told reporters on Thursday.

He said they would consult their legal representative, the Office of the Solicitor General (OSG), on the matter.

READ: SC reverses Comelec ruling that barred Smartmatic from bidding

鈥淲e鈥檙e ready to face any kind of case, including impeachment. What鈥檚 important is that we did it for the country, for the interest of the Filipino nation,鈥 Garcia said.

Comelec spokesperson John Rex Laudiangco, in a separate statement, said the disqualification of Smartmatic was 鈥渁 significant step taken with a view [to] safeguarding the integrity of the country鈥檚 elections, shielding and isolating all phases of the electoral processes鈥攆rom the starting point of planning and procurement to the endpoint of [a] random manual audit鈥攆rom any and all issues [that] might tarnish the bedrock of democracy in our country.鈥

Bautista case

In the US government鈥檚 investigation of former Comelec Chair Andres Bautista for alleged involvement in money laundering and other charges, Garcia said he and other Comelec officials met with investigators from the US Department of Homeland Security and Department of Justice three weeks ago as part of the two countries鈥 mutual legal assistance treaty.

He added that the American investigators revealed new information and updates on the case against Bautista. They also requested documents and took down the testimonies of three Comelec employees.

READ: Smartmatic PH banned from 鈥榓ll Comelec procurement鈥

According to Garcia, the poll body was provided with documents that it will use in its own investigation. He said the Comelec referred the American investigators鈥 initial findings to the OSG, which decided to exclude the Bautista investigation for now in its pleadings before the Supreme Court.

鈥淏ut we were guaranteed [by the Americans] that within this year, something big will happen and that hopefully, by next year, the case can proceed,鈥 Garcia said.

Bautista鈥檚 alleged acceptance of bribes in exchange for awarding a contract for election machines to Smartmatic was one of the reasons the poll body disqualified it from joining in the bidding.

As for former Congressman Edgar Erice鈥檚 petition questioning Comelec鈥檚 decision to award the contract for the automated voting system for the 2025 polls to South Korean firm Miru, Garcia said the poll body was ready to defend itself.

鈥淲e can defend what we did because what we observed in our procurement process was transparent, public and consistent and pursuant to the law,鈥 he added.

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