EVEN as it continues to await the official copy of the Supreme Court (SC) decision, the Commission on Elections (Comelec) yesterday said it is leaning towards appealing the ruling to nullify its decision to disqualify Smartmatic International from participating in election-related public bidding projects.
In a radio interview, Comelec chairman George Garcia said the Commission en banc is inclined to file a Motion for Reconsideration (MR) before the High Court as soon as possible.
“We will file an MR at least on the issue of grave abuse of discretion and in defining our powers prior to procurement…
that is part of the process, within our rights,” said Garcia.
In the event that they still fail in the appeal, the poll chief said they are prepared to adhere to the SC ruling.
“In case the ruling becomes final and executory, if Smartmatic opts to participate in our future procurement, the Comelec will be allowing them to participate,” said Garcia.
On Wednesday, the SC ruled that the Comelec gravely abused its discretion when it disqualified Smartmatic last November 2023 from participating in all of its election-related biddings.
The High Tribunal, however, said that the decision is not sufficient to nullify the AES contract signed between the Comelec and the joint venture led by South Korean firm, Miru Systems, for the 2025 polls.
Garcia reiterated such a decision by the SC is welcome to the Comelec as they can still push through with their preparations for the May 2025 polls.
“It is not a big blow to us. Our actions after the disqualification of Smartmatic, the awarding of contract remain intact,” he said.
