Photokina sues 7 Comelec execs

Photokina Marketing Corp., the consortium that won the bid to automate the country’s electoral process, has filed a P6.2-million civil suit against seven commissioners of the Commission on Elections (Comelec), including its chairman, for the non-implementation of the Voter’s Registration and Identification System (VRIS).

In a 23-page petition filed with Branch 25 of the Quezon City Regional Trial Court, Photokina sought a review and finalization of a formal contract for the said project.

Named respondents in the suit were Comelec Chairman Alfredo Benipayo, Commissioners Resurreccion Borra, Rufino Javier, Ralph Lantion, Luzviminda Tancangco, Florentino Tuason and Mehol Sadain.

Presiding Judge Ma. Luisa Padilla summoned the seven officials to appear for a hearing this afternoon in connection with a temporary restraining order (TRO) being sought by the consortium.

"This petition invokes this Honorable Court to review and rectify the deliberate refusal of the Comelec and its members to perform their legal duty to formalize the perfected contract for the implementation of VRIS," Photokina said.

Earlier, the consortium applied for a TRO to stop the poll body from re-bidding the project.

The VRIS, a major component of the government’s effort to automate the electoral process, provides a comprehensive and integrated solution for voter registration, including the computerization of the voter’s list.

A secure, tamper-proof voter ID card that will serve as tangible proof of the clean voters’ list will be issued to some 35 million voters.

Photokina and foreign partners Headstrong, IBM, Polaroid, Sagem, and Unisys were awarded the project last year after garnering the highest technical score and submitting the lowest price of P6.5 billion. It outbid its closest rival by more than P500 million.

The project was ordered shelved by then Comelec Chairman Harriet Demetriou, who claimed there were irregularities in the bidding and award of the project.

Her successor Benipayo refused to continue with the project, saying there was an overbid by all participants. He is now eyeing a similar project at a much lower cost than the VRIS.

However, Photokina maintained the Comelec must honor the notice of award to the consortium, citing an original poll body resolution that detailed the VRIS bidding procedure as well as terms and conditions of the contract.

The consortium said the Comelec chairman "has failed or refused to perform his legal duty to implement the VRIS."

"Such inaction also constitutes unlawful neglect that entitles the petitioner to an order from this court commanding respondents to perform their legal duties," Photokina said.