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Thursday, February 26, 2004
Selective poll automation does not violate ruling: SC PIO
By Benjamin B. Pulta
* But Comelec must make sure they do not go against terms of decision, says Khan
* Pimentel asks poll body to wait for SC to reverse ruling on contract before implementing selective automation
A TOP official the Supreme Court (SC) Wednesday said the plan of the Commission on Election (Comelec) to conduct selective automation of the vote-counting process of the May 10 elections does not violate the decision of the High Tribunal to annul the automation deal.
"The decision does not obviate the possibility of automation but whatever they do, they should not violate the terms of the decision," said SC Public Information Officer Ismael Khan.
"It all depends, if they can do it without violating the terms of the decision," he added.
Khan pointed out that the decision “does not say that they can not computerize or automate."
In a 101-page decision, the SC declared null and void Comelec Resolution 6074 that awarded Phase II of the automation project to Mega Pacific eSolutions Inc. (MPSI) and also nullified the P1.3 billion-contract executed between Comelec and the same firm.
Khan said the legality of the Comelec's move may be taken up in any case filed by interested parties. "That is the time the SC can act," Khan said.
The Comelec plans to automate the canvassing of votes cast in two regions and in some cities in the Visayas.
Comelec Commissioner Resurreccion Borra said Tuesday the commission is looking into the possibility of implementing automated canvassing of votes in the National Capital Region (NCR), Autonomous Region in Muslim Mindanao (Armm) and some cities in the Visayas. The matter, however, still has to be taken up by the Comelec en banc.
Borra said they want to utilize the 1,991 automated counting machines (ACMs) supplied by Mega Pacific since the equipment already passed accuracy testing by the Department of Science and Technology (DOST).
Of the 1,991 ACMs, Borra said they might use 1,400 of them with 200 to be deployed to Armm, 750 will be deployed to NCR along with back-up machines and the remaining machines will be utilized in selected municipalities and cities of Visayas.
Borra said the commission will be implementing two counting systems – manual and automated - once the matter has been ironed out.
Borra said the commission is merely acting on a petition filed by several congressmen who appealed to the commission to implement a partial automation, adding that mayors in Metro Manila and in the Visayas also aired the same appeal.
Wait
Meanwhile, reelectionist Sen. Aquilino Pimentel Jr. asked the Comelec to wait for the SC to reverse its decision on the automation contract before using the ACMs in selected areas.
“There would be no legal problem in the use of the Korean-made counting machines if the SC reverses its adverse ruling on the contract,” Pimentel said.
“Moreover, there is the legal problem of the SC having declared the contract invalid,” he added.
He doubted if the ACMs can do the counting and canvassing of votes accurately in view of certain defects that were discovered when the machines were tested.
Pimentel said the training and readiness of Comelec personnel to operate the ACMs must also be considered in any decision to hold selective automation of the May elections. With a report from JPM
(February 26, 2004 issue)
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