Comelec to use US indictment to bolster appeal vs Smartmatic

THE Commission on Elections (Comelec) on Friday, August 9, 2024, declared its intent to use the latest development in the bribery and money laundering case faced by Smartmatic International in the United States (US) to bolster its pending appeal in the Supreme Court (SC).

In a phone interview, Comelec Chairman George Garcia said they will be using the indictment of three Smartmatic employees, as well as former poll chief Andres Bautista, by a US court to enhance their justification to disqualify the multinational technology firm.

"We will surely manifest this and point out that we did not commit abuse of discretion because we have this basis to disqualify Smartmatic," said Garcia.

"These developments will surely be manifested by the Comelec before the Supreme Court in relation to the cases pending there," he added.

The Comelec disqualified Smartmatic from participating in any public bidding for elections back in November 2023, citing, among others, the then-ongoing criminal investigation targeting former poll chief Andres Bautista and the company.

In April 2024, the SC granted the Petition for Certiorari filed by Smartmatic, saying the commission committed grave abuse of discretion in disqualifying the company.

The Comelec has since filed a motion for reconsideration with the high tribunal.

On Friday, the US Department of Justice (DOJ) reported that three Smartmatic employees and Comelec chairman Andres Bautista had been indicted for their roles in an alleged bribery and money laundering scheme to retain and obtain business related to the 2016 polls.

The personnel of Smartmatic supposedly caused at least $1 million in bribes to be paid to Bautista sometime between 2015 and 2018.

Reacting to the indictment of Bautista and Smartmatic personnel, Garcia said the latest findings somehow vindicates the Commission en banc.

"It would appear to be a sort of vindication on the part of the present commission," said the poll chief.

"We were right all along when we disqualified Smartmatic," added Garcia. (HDT/SunStar Philippines)