Breaking his silence yesterday on the Office of the Ombudsman’s findings against him, Borra said the Comelec’s contract with the machines’ supplier, MegaPacific eSolutions Inc., was a collegial body’s decision.
"On the compliance report of the Ombudsman, I am the one singled out to be accused of impeachment. This is lamentable because this is now my 46th year in this commission and I am singled out for an official act," he told reporters seeking comment.
Comelec Chairman Benjamin Abalos said the Supreme Court found no irregularity when the poll automation project was offered to bidders.
"I think you have heard me say often that the Chief Justice has said that there is no suggestion that graft and corruption ever attended the bidding process or that it was irregular. It is for this reason that the Supreme Court did not issue any temporary restraining order. What is a TRO for? In order to prevent an irreparable injury. This means that they did not see anything irregular, that is why no damage could ensue," he said.
The Comelec might file a motion for reconsideration after studying the Ombudsman’s findings, Abalos said. They want to check if there are things that the Ombudsman may have overlooked.
Borra said he is ready to answer the allegations and that the Comelec will make an official comment on the findings after studying it.
"We have not finished our session, we are going over these documents so we cannot make any official statement yet. So we continue our discussions with the chairman and other commissioners and thereafter will express our official position on the matter," he added.
Borra thanked those who defended his name. Commissioner Florentino Tuason said that he could vouch for Borra’s integrity, honesty and honor.
The Ombudsman issued its findings last Friday, but Comelec officials got the chance to discuss it only yesterday.
Borra said he knows he did nothing wrong, and as the one in charge of the Comelec’s poll modernization program, it was his job to oversee it.
Abalos said the Ombudsman’s impeachment recommendation is another "black eye for the institution" amid allegations that President Arroyo cheated in the 2004 general elections with the help of several election officials and military officers.
"But I know we will survive. I know all of this will pass and ultimately the Comelec will be able to clear its name," he said.
Abalos said he believes that there are people out to destroy the Comelec’s credibility, due to allegations that they were involved in the electoral fraud charges hounding Mrs. Arroyo.
"These people do not necessarily have to come from the opposition, but it could be anybody who might have an axe to grind against us," he said without elaborating.
Last Friday, the Ombudsman recommended Borra’s impeachment for alleged anomalies in the awarding of a contract to MegaPacific for the purchase of nearly 200 ballot-counting machines in 2003.
Graft charges were likewise recommended against Borra if he is impeached.
Abalos was found not liable but the Ombudsman had recommended that further investigation be made to determine the extent of the wrongdoing.
Several other Comelec officials and MegaPacific company officers were likewise found liable for graft.
The ballot-counting machines were in line with government’s efforts to modernize the country’s antiquated electoral system beginning with the 2004 general elections.
Mrs. Arroyo has been under pressure since last year following allegations that she cheated in the hotly contested race.
She admitted having an inappropriate conversation with an unidentified election official — believed to be former Comelec Commissioner Virgilio Garcillano — before Congress declared the winner but denies manipulating the poll outcome.
Mrs. Arroyo successfully fought off an impeachment bid in the House last year but the political opposition revived its attempt to oust her by filing an impeachment complaint everyday beginning last week.
Critics seeking Mrs. Arroyo’s resignation over alleged electoral fraud have called on Borra to turn state witness and testify in the case.
‘Turn state witness’
Singer Leah Navarro, a member of the Black and White Movement, said it was best for the election commissioner to clear his name, considering his long stay in the poll body.
"We implore Borra to think hard and search (his) heart. Join us and turn state witness. I’m sure you have first-hand information on the case. You have been in Comelec for 35 years. Don’t let it go to waste. Think of your legacy," she told reporters.
Navarro and her colleagues believe Borra was just being used as a scapegoat by the administration in its effort to divert attention from their renewed impeachment bid against Mrs. Arroyo.
"You are being made the fall guy, the one who will bear the brunt of all these," she said.
Navarro, lawyer Harry Roque, Dr. Minguita Padilla, information technology expert Augusto Lagman and former commissioner on human rights Nasser Marohomsalic questioned the Ombudsman’s findings that only held Borra liable but withheld its findings on Abalos.
"There seems to be selective prosecution. Why was Abalos not included when it was he who approved the (MegaPacific) contract?" Padilla asked. "This seems to be part of a grand cover-up that the government is doing."
Roque said the decision of Ombudsman Merceditas Gutierrez was not in keeping with the January 2004 ruling of the Supreme Court, which nullified Mega Pacific’s government contract.
"This was not what the Supreme Court wanted from her. The justices wanted her to determine their criminal liability," he said.
Roque likewise stood pat on their position that Borra, or any other impeachable official for that matter, can be held liable even before impeachment.
Roque cited an administrative resolution of the high tribunal in September 2003 where it held that even members of the House of Representatives cannot invoke immunity, and it follows that members of constitutional bodies like the Comelec cannot make the same excuse.
He pointed out that findings of irregularities by the Ombudsman on the part of Comelec officials raises questions on their credibility and on the integrity of the 2004 polls and future elections as well.
In 2003, the Comelec purchased nearly 200 ballot-counting machines from MegaPacific at the cost of P1.2 billion in line with government efforts to modernize the electoral system.
But the Supreme Court in January 2004 nullified the Comelec’s purchase contract with MegaPacific, citing irregularities in the contract awarding.
The court ruling effectively derailed government plans to modernize the country’s antiquated electoral system, which is riddled with opportunities for poll fraud. It takes election officials weeks to complete the counting of votes.
The ruling forced election officials to revert to the manual counting of votes and initially sparked concern that the 2004 elections would be postponed.
In a strongly worded decision, the Supreme Court ordered the Ombudsman to investigate those involved in the MegaPacific deal for possible criminal liability.
It also ordered the Office of the Solicitor General to take back whatever money had been paid to MegaPacific for the machines. — With Delon Porcalla