Foundation asks SC to hold Ombudsman in contempt over ACM deal

The group that convinced the Supreme Court (SC) to void the government’s automated vote counting machine contract with the MegaPacific consortium wants the Ombudsman cited for contempt for absolving poll officials involved in the anomalous deal.

The Information Technology Foundation of the Philippines (ITFP) asked the SC over the weekend to hold the Office of the Ombudsman led by Merceditas Gutierrez in contempt for clearing Commission of Elections (Comelec) officials of any wrongdoing in the P1.3-billion automated counting machines (ACM) contract.

It was ITFP that contested the Comelec-MegaPacific eSolutions deal, which was later declared null and void by the high court on Jan. 13, 2004.

In a 44-page motion filed through its lawyer Antonio Pastelero, ITFP also asked the SC to order Gutierrez to file graft cases before the Sandiganbayan against Comelec Chairman Benjamin Abalos, Commissioners Resurreccion Borra, Florentino Tuazon and Rufino Javier, and top officials of the MegaPacific consortium.

"Gutierrez is supposed to dispense justice as the Ombudsman. The supplemental resolution of Gutierrez dated Sept. 27, 2006 shows her as a person of compromise and expediency,’’ ITFP said in its motion.

"In clearing the Comelec officials and the conspiring private individuals, the Ombudsman did not succeed in restoring the tarnished image and reputation of the Comelec,’’ ITFP said.

"On the contrary, she only succeeded in dragging down the integrity of the Office of the Ombudsman to the same level as the integrity, or lack of it, of the Comelec,’’ ITFP added.

ITFP recalled that right after the SC’s voiding of the ACM contract, the Office of the Ombudsman moved on Jan. 19, 2004 to determine probable cause for indicting the Comelec officials and the owners of MegaPacific.

On June 28 this year, the Ombudsman issued a partial resolution declaring some officials guilty of "grave misconduct and conduct prejudicial to the best interest of the service.’’

"The Ombudsman, however, in her supplemental resolution dated Sept. 27, 2006, absolved the respondents therein from all administrative and criminal charges. In so doing, she reversed the findings of the Supreme Court, especially on matters above stated, and came out with her own findings,’’ ITFP said.

"The supplemental resolution of the Ombudsman is a blatant and brazen disregard of well-settled constitutional principles. It no doubt undermines the power and authority of the Supreme Court before the eyes of the public,’’ ITFP added.

The group said Gutierrez "must be put in her proper place, lest she goes around continuing to undermine the dispensation of justice.’’

SC, ITFP said, must require Gutierrez and her deputies "to explain why they should not be held in contempt of court, for misbehavior in the performance of official duties or official transactions; disobedience of lawful writ, process, order, or judgment of a court.’’

The group said Comelec rushed the awarding of the contract by disregarding some financial and technical requirements. "The awarding of this billion-peso undertaking was done by the Comelec officials with inexplicable haste. They failed to check and observe mandatory financial, technical and legal requirements,’’ it said.

"They accepted the proffered computer hardware and software even if, at the time of the award, they had undeniably failed to pass eight critical requirements to safeguard the integrity of the elections. But the Ombudsman declared that there is nothing wrong with all these,’’ the group maintained.