MANILA, Philippines - The committee on suffrage and electoral reforms of the House of Representatives will investigate complaints against the Commission on Elections (Comelec) and its computer-contractor Smartmatic-TIM, outgoing Speaker Prospero Nograles said yesterday.
Nograles ran but lost to incumbent Davao City Vice Mayor Sara Duterte in the mayoralty race in Davao City last May 10.
Nograles has already directed Makati Rep. Teddyboy Locsin, the panel chairman, to “look into all the complaints regarding the conduct of the automated elections in the face of public complaints about electronic fraud and pre-determined election results.”
He was referring to what deposed President Joseph Estrada derisively described as “hocus PCOS.”
“Smartmatic-TIM and Comelec must explain if there are provisions in the automated election law that were disregarded or not followed or not implemented and explain the cause of such electoral confusion nationwide,” the outgoing Speaker said.
“They owe the nation some kind of plausible and legitimate explanations. Chairman Locsin must convene his committee prior to the May 24 canvass of the joint session,” Nograles said.
Sara is the daughter of incumbent Mayor Rodrigo Duterte.
Not so fast on payment
Nograles also wants Comelec to withhold full payment to Smartmatic-TIM.
“Comelec should not fully pay Smartmatic for the automated elections until such time as the Congress Joint Oversight Committee can give the public a clean bill of health about the first automated polls,” he said.
Nograles said Congress would require Smartmatic to reveal if it sub-contracted the supply of the PCOS machines to other companies.
The Barbados-based firm won the automation contract amounting to P7.2 billion. It is not known if the Comelec has already paid the company.
The Comelec, on the other hand, said it will study Nograles’ proposal not to pay Smartmatic-TIM without the go-signal of the congressional oversight committee.
“That has to be discussed... Whatever decision is made, it has to be the decision of the whole commission,” Comelec Commissioner Gregorio Larrazabal said in an ambush interview.
He estimated that 20 percent of the P7.2-billion contract with Smartmatic-TIM for the supply of 82,200 PCOS machines has not yet been paid.
He said the Comelec pays the joint venture on installment basis or whenever they accomplish a certain “milestone” or deliverable.
However, Comelec Chairman Jose Melo said that Nograles’ proposal might be unlawful.
“It is not in the law that before they can get paid, it must be OK’d by the (congressional oversight committee). It is not mandated by law,” Melo added.
Nograles also said Congress would also look into reported cases of pre-programmed memory cards when it canvasses the votes for president and vice president.
PCOS machine memory cards were found defective a week before the May 10 elections. – With Sheila Crisostomo