ACM critics linked to losing bidders

Two staunch critics of the purchase by the Commission on Elections (Comelec) of nearly 2,000 automated counting machines (ACMs) from the MegaPacific Consortium had ties to the company that lost in the bidding for the machines, a lawyer for the consortium said yesterday.

Lawyer Estrella Elamparo, who represents MegaPacific, took aim at former Comelec chairman Christian Monsod and Augusto Lagman, president of the Information Technology Foundation of the Philippines, which questioned the Comelec’s awarding of the contract to MegaPacific in 2003.

"Amidst all the virulent attacks against Mega Pacific, the voice of Mr. Augusto Lagman stands out for being the most relentless. Until recently, Mega Pacific could not fathom why. Now it can be told," Elamparo told a press conference yesterday.

"It has become crystal clear why Lagman has been moving heaven and earth to nullify the Comelec-MegaPacific deal and to prevent the use of MegaPacific’s counting machines. He must put an end to his self-righteous act and admit his personal motivations to the public," she said.

Elamparo said Monsod and Lagman had stakes in Total Information Management Corp., which bid for the Comelec contract for the modernization of the country’s antiquated election systems.

Elamparo furnished reporters copies of the amended September 1999 articles of incorporation of Sun Microsystems Philippines Inc., the supplier of hardware to Total Information.

It showed that Lagman was the biggest stakeholder with 999,700 shares and was in the board of the directors. Monsod had 250,000 shares.

"He (Lagman) portrays himself as a concerned citizen with completely selfless motives. Nothing could be farther from the truth," said Elamparo.

Total Information, Sun Microsystems and Lagman are all members of the Information Technology Foundation of the Philippines.

Other signatories in the petition against the Comelec were Ma. Corazon Ako, Miguel Uy, Eduardo Lopez, Rex Drilon, Miguel Hilado, Ley Salcedo and Manuel Alcuaz Jr.

Monsod and Lagman clarified they have divested their shares in the company a long time ago. Monsod insisted he disassociated himself when he joined Comelec in 1991.

"I have absolutely no relationship with the losing bidder. Yes, I remember being part of it 20 years ago, but I’m no longer a part of it. I am no longer connected with it. Yes, the (SEC) records will show because these are permanent records, but I don’t have anything to do with it now," Monsod told The STAR.

"Yes, I was one of the founders, but I am no longer a part of Sun Microsystems. It’s (the company) still there, but I sold my shares five or 10 years ago. I think they (MegaPacific) ran out of arguments, that’s why they are bringing this out," Lagman said. He is now with Systems Standards Inc., an IBM reseller.

Monsod explained his role in the botched automation deal was only limited to his being a former Comelec chairman. "Part of my job (then) was modernizing the electoral system. It started in 1993. All of these things are based on that plan (for an automated polls). I’m concerned."

Elamparo accused Lagman of "deceiving" the public by claiming he never received any invitation from a panel from the Office of the Ombudsman formed to investigate the scandal.

"A clear and undeniable pattern of malice and deceit has emerged for which Lagman should be held legally accountable." MegaPacific has filed two libel suits against Lagman.

But Lagman insisted he never received any subpoena from the panel.

Elamparo defended MegaPacific’s bid, which has been adjudged the lowest and the best price offer, as it is lower by P49 million than Total Information’s bid of P1.297 billion.

As comparison, she disclosed that MegaPacific’s 1,991 ACMs bought by the Comelec can count 50 ballots per minute with automatic feeders, as against Total Information’s 2,272 machines that can only count 10 ballots per minute through manual feeders. MegaPacific’s bid was dubbed as the "best, calculated and responsive bid."

In January 2004, the Supreme Court nullified the Comelec’s contract with MegaPacific, citing irregularities in the contract awarding. It said the Comelec violated its own bidding rules and that the firm was not qualified.

The court also ordered the Ombudsman to investigate those involved for possible criminal liability. Comelec chairman Benjamin Abalos, other election officials and several MegaPacific officials were cleared, however.

Last Thursday, the Senate passed a poll modernization bill but opposition lawmakers are not yet ready to accept it.

Senate Minority Leader Aquilino Pimentel said there are at least three other senators who want to raise more questions about the measure.

Pimentel said that the bill should be re-examined when Congress convenes its regular session on Nov. 6.

"The automated electoral system bill is far from being finally approved. Senators Serge Osmeña, Mar Roxas and Jamby Madrigal will rescrutinize the bill when session resumes," Pimentel said.

"The Os-Rox team that fought for the independence of the country is being revived this time to fight for clean elections. This time also with the addition of another senator, Jamby Madrigal, to the Os-Rox tandem, it now caries the name Os-Rox-Ma team," he added.

Pimentel, Osmeña and Madrigal all belong to the Senate minority bloc while Roxas is associated with the majority.

During the debates on the measure, Pimentel and Osmeña were very vocal against the measure, which at several points drew the ire of the bill’s sponsor Sen. Richard Gordon.

Roxas also argued with Gordon on the measure and was not present during its third reading last Thursday.

Pimentel also cited the admission of Comelec chief Abalos that the approval of the measure came too late, thus casting doubt on the partial implementation of the automated election system in the 2007 elections.

"Chairman Abalos is right. There is, thus, no reason to rush the automation election bill," he said.

"Now that it is clear that there is no time to make the bill applicable for the 2007 elections, the Senate majority should consider revisiting the bill and subjecting it to a more thorough debate," he added.

Gordon maintained that there is still time to prepare for the automated election system in certain areas for the 2007 elections.

"The Comelec should have anticipated this while we were working for the passage of this bill in the Senate and made the necessary preparations for this as part of due diligence in fulfilling its constitutional mandate to enforce and administer all laws and regulations relative to the conduct of elections," Gordon said.

"We have worked very hard for this bill. We have done our duty in the Senate, now it is time for them to do their duty in the Comelec."

Abalos said a Comelec technical working group will meet on Friday to discuss the possibility of pushing through with the first ever computerized elections in the country.

Abalos said he asked the representatives of the Department of Science and Technology (DOST), the Commission on Information Technology and Communications, the University of the Philippines and private information technology groups and Congress for a meeting at the Comelec.

"The technical working group will be meeting to decide if poll automation is still possible in selected areas and what type of technology would be used," Abalos said.

Modernizing the elections would definitely affect the ongoing preparations for the coming 2007 senatorial and local elections.

"If a technology using a poll pad would be chosen, the Comelec would have to have all the names of candidates from senators down to councilors in the chosen cities and provinces listed and that would mean early deadline for the filing of certificates of candidacy," Abalos said.

Earlier, the Comelec ruled out the possibility of computerized elections despite the Senate’s approval of poll automation in selected areas.

"The passage of the amendment to the poll automation law is already too late. The Comelec is already preparing for a manual election," Abalos said last week. — With Delon Porcalla, Marvin Sy, Mayen Jaymalin