Comelec warns of return to manual polls in 2016

MANILA, Philippines - The Commission on Elections (Comelec) warned yesterday of a possible return to manual elections in 2016 following the Supreme Court (SC)’s temporary restraining order (TRO) against the P268.8-million extended contract with Smartmatic-Total Information Management (TIM).

Comelec spokesman James Jimenez said manual elections remain in the realm of possibilities.

“Everything is possible… but let’s put it this way, the Comelec is determined not to backslide to manual,” he said.

“We will do anything possible and legal so that it won’t happen.”

Jimenez said reverting to manual is “not acceptable” for the Comelec.

“We will be preparing alternatives for all scenarios but, at the same time, we pursue the act of lifting the TRO,” he said.

One of these alternatives is for the Comelec to refurbish the machines, he added.

Jimenez said going back to manual polls would revive “uncertainty” that the Comelec had been avoiding right from the start.

“If we give it to those (opposing the automated election system), we won’t be assured,” he said. “We will put at stake our 2016 elections and again, that might not be the most viable position for the Comelec… At this point, the trend of conversation is we are afraid to go back to manual.”

In separate statements, Reps. Edgar Erice of Caloocan City and Rufus Rodriguez of Cagayan de Oro City said the TRO will have an adverse impact on preparations for the 2016 elections.

The members of the House of Representatives committee on suffrage and elections warned that the TRO could hinder the implementation of automated elections.

Erice, committee vice chairman, warned of the TRO’s “domino effect” on the scheduled bidding for election equipment and services with the elections just 14 months away.

“We expect the SC to rule on this issue with utmost expediency,” he said. “Otherwise, the 2016 elections are in peril.”

Rodriguez said the TRO is regrettable and disappointing.

“This is a major setback, we will be forced to go to manual counting just because of a contract dispute,” he said.

Brillantes: TRO would be lifted

Retired elections chairman Sixto Brillantes Jr. is confident that SC would lift the TRO as the contract was aboveboard.

“My concern here now is why did Supreme Court issue the TRO only now, when the refurbishment of the machines had already started,” he said. “If the court heard this case earlier, it would have decided on the merits by now.”

The TRO would only result in unnecessary delay in the Comelec’s preparations for the 2016 polls, he added.

Brillantes brushed aside allegations that the contract was a “midnight deal” since he signed it three days before he retired last Feb. 2.

The Comelec had studied the contract for more than a year, and there were legal opinions on its soundness and legality, he added.

‘TRO a partial victory’

Petitioner Automated Election System (AES) Watch said the TRO was only a partial victory.

On the other hand, poll watchdog Citizens for Clean and Credible Elections (C3E) said the TRO has cemented the fact that the extended warranty agreement between Comelec and Smartmatic had violated the procurement law.

“The justifications made regarding proprietary rights and the lack of time by the Comelec are invalid,” the poll watchdog said.

C3E now intends to use the TRO to pursue its petition for the blacklisting of Smartmatic from further participation in Comelec biddings.

The poll watchdog said it is conferring with its lawyers on “further legal action we may take, and how this may contribute to our goal of ultimately banning Smartmatic from participating in any further election-related transactions and biddings.” – With Paolo Romero