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Thursday, February 19, 2004
SC junks Comelec's appeal on automation deal
MANILA -- Finding no new convincing evidence, the Supreme Court (SC) on Wednesday sustained its decision rejecting the "anomalous" P1.3 billion automation contract entered into by the Commission on Elections (Comelec) with Mega Pacific solutions.
In a three-page resolution, the SC en banc ruled that its latest denial "is final," adding that the appellants failed to come up with new convincing evidence but reiterated the "same procedural and substantive issues."
In underscoring the respondents' prayer of a new hearing has no merit, the court said it "has given the parties more than sufficient opportunity to explain their causes through their kilometric pleadings and their exhaustive presentations during the oral arguments."
"Other than rehashing the same basic arguments already made, no compelling reasons have been adduced to justify the modification or reversal of the court's findings and conclusions on such issues," the SC ruled.
Late last month, Mega Pacific asked the SC to reconsider its decision to invalidate the P 1.3 billion deal.
The SC, a 101-page decision handed town last January 13, declared null and void a Comelec resolution awarding the contract for Phase II of the automation project and also declared null and void the contract executed between Comelec and Mega Pacific.
Associate Justices Adolfo Azcuna, Renato Corona and Dante Tinga dissented from the majority opinion while Associate Justices Jose Vitug and Consuelo Ynares-Santiago and Chief Justice Hilario G. Davide Jr. filed separate opinions.
The Comelec was likewise ordered to refrain from implementing any other contract or agreement entered into with regard the automation project.
The High Court also urged the Office of the Ombudsman to "determine the criminal liability, if any, of the public officials and conspiring private individuals, involved in the resolution and contract."
Replace
Meanwhile, President Arroyo said she will replace newly-appointed elections commissioner Virgilio Garcillano if found to have engaged in illegal activities in past elections, according to Presidential spokesman Ignacio Bunye.
Bunye said critics of the administration "should stop resorting to innuendoes and rumors that damage a person's credibility if they have no concrete evidence to back up their allegations."
Garcillano was accused of engaging in vote padding and shaving (dagdag-bawas) in the 1995 elections in favor of some administration senatorial candidates.
Several lawmakers earlier called for the recall of the appointments of Garcillano and Manuel Barcelona Jr. after Bunye announced their appointment last week.
The Koalisyon ng Nagkakaisang Pilipino (KNP) resurrected calls for the withdrawal of the appointments to dispel rumors that they are pro-administration.
The KNP said the comments submitted by Garcillano and Barcelona to the Supreme Court (SC) seeking the disqualification of Poe on the ground he is not natural-born Filipino run counter to the position of the Comelec to dismiss the petition against Poe.
Meanwhile, Bunye said a team from the US National Democratic Institute (NDI) would arrive in the country to observe the conduct of elections in May.
He said the practice is not new to the Philippines as former US Sen. Richard Lugar led a delegation to the country to observe the 1986 elections.
He added the practice of having foreign observers watch the conduct of elections is also done in other countries like Thailand, Malaysia, Indonesia, Russia, South Africa, Peru, Venezuela and Pakistan.
Bunye said Executive Secretary Alberto Romulo initially advised the Comelec of the NDI's request, which the Comelec approved.
The NDI said they would be coordinating with other international experts on election activities like the International Republican Institute (IRI) and the Carter Center to ensure a multinational and bipartisan delegation to the Philippines.
In a letter to Romulo dated Feb. 16, Comelec Chairman Benjamin Abalos Sr. said "the presence of the international observers will send a message to the world that democracy in the Philippines, while relatively young, would absolutely put no one above the sacred process of election and that leaders are chosen only by the genuine will of the people."
Abalos added that they are committed to ensure the conduct of honest and orderly elections and they have nothing against the participation of foreign observers. Benjamin Pulta with JMR
(February 19, 2004 issue)
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