In a two-page en banc resolution, the tribunal said: "Acting on the manifestation and motion dated Aug. 7, 2006 filed by the Office of Legal Affairs, Office of the Ombudsman, the Court resolved to grant the Office of the Ombudsman an extension until Sept. 30, 2006 within which to complete and terminate its proceedings, but this would definitely be the last extension to be given by the Court."
Last May 3, the SC ordered Gutierrez to submit on June 30 her report on whether there is probable cause to indict top Comelec officials led by Chairman Benjamin Abalos, and the private individuals involved in the controversial contract between Comelec and the Mega Pacific consortium and the MegaPacific eSolutions for the automation of the May 10, 2004 elections.
Based on the contract, Comelec purchased 1,991 automated counting machines from Mega Pacific.
In a ruling dated Jan. 13, 2004, the SC voided the Comelec’s contract with the Mega Pacific Consortium and the MegaPacific eSolutions Inc.
Meeting the June 30 deadline, Gutierrez submitted to the SC her partial compliance, recommending the filing of an impeachment complaint against Comelec Commissioner Resurreccion Borra before the House of Representatives.
Gutierrez said Borra should be held liable for violation of Republic Act 3019, or the anti-graft law.
She also ordered the dismissal from service of the members of the Comelec bids and awards committee, Eduardo Mejos, Gideon de Guzman, Jose Balbuena, Lamberto Llamas and Bartolome Sincruz Jr., and the filing of graft charges against them before the Sandiganbayan.
Charges was also recommended by Gutierrez against Mega Pacific Corp. incorporators Willy Yu, Bonnie Yu, Enrique Tansipek, Rosita Tansipek, Pedro Tan, Johnson Fong, Bernard Fong and Laureano Barrios.
Meanwhile, Gabriel Villareal, a lawyer for Comelec Commissioner Resurreccion Borra, said the appeal made by election lawyer Romulo Macalintal to the SC for the use of the 1,991 automated counting machines supplied by MegaPacific for the 2007 polls "strengthens the view that the contract was aboveboard."
"Macalintal speaks of supervening factors since 2003 which are his basis for his intervention with Supreme Court," he said.
"Among the supervening factors, I would think, is the realization, somewhat belated that the grant of the contract for the 1991 ACMs by the Comelec was sound and aboveboard."
In a statement, Villareal said Macalintal was correct in pointing out that the vote counting machines remain in excellent working condition, having been certified as accurate by the Department of Science and Technology.
On the other hand, Estrella Elamparo, one of MegaPacific’s counsels, clarified that her client is not a party to the appeal filed by Macalintal in his capacity as a taxpayer.
Meanwhile, an affiliate of the Philippine Long Distance Telephone Co. (PLDT) denied yesterday having entered into a consortium with the firm MegaPacific eSolutions to bid for the P1.3 billion electoral automation project of the Comelec.
Appearing before a clarificatory hearing of the Office of the Ombudsman, Ray Espinosa, e-PLDT president and chief executive officer, said his company only agreed to be a service provider for MegaPacific eSolutions. — Jose Rodel Clapano, Mike Frialde