THE Right to Know Right Now Coalition (R2KRN) yesterday pressed the Commission on Elections (Comelec) to disclose vital information regarding its automated election system (AES) contract with the joint venture led by South Korean firm Miru Systems (Miru).
In a three-page letter, the R2KRN followed up on its October 9 request when it stressed the importance of ensuring transparency and accountability in the Full Automation with Transparency Audit and Count (FASTrAC) project after the withdrawal of St. Timothy Construction Corporation (STCC) from the joint venture.
“Comelec’s duty to secure and disclose this information is inherent in its role as the contracting agency, responsible for overseeing the transparency and integrity of procurement and contract implementation involving public funds and the public interest,” said R2KRN.
“Given the critical public interest in the upcoming 2025 elections, we emphasize the urgency of this request to prevent further erosion of public trust in the FASTrAC contract and, consequently, in the integrity of the electoral process itself,” it also said.
The Freedom of Information (FOI) advocacy group said the requested information is material and necessary to verify that the remaining partners retain the financial, technical, and operational capacity to meet their contractual obligations for orderly, honest, and credible elections.
R2KRN said it is also necessary to confirm continued compliance with legal requirements, such as the 60 percent minimum nationality requirement for joint ventures.
It said such information are needed to determine whether Comelec acted lawfully and reasonably in issuing Resolution No. 24-0787 regarding STCC’s withdrawal from the Miru joint venture.
“Independent validation is essential to dispel doubts and to maintain public trust in the automated election system and the lawful use of public funds,” it stressed.
The group also asked for an updated, revised, or newly executed Joint Venture Agreement (JVA) that includes the current composition of Miru JV; a detailed allocation of each remaining partner’s financial, technical, and operational contributions, or any applicable contributions of money, property, or industry, along with their monetary valuation and the resulting percentage interest of each remaining partner; and a description of each remaining partner’s respective responsibilities, including the decision-making structure or process established since STCC’s departure.
R2KRN is also requesting for a risk assessment prepared by the joint venture identifying potential risks due to STCC’s withdrawal and outlining specific contingency measures to ensure effective fulfillment of the contract.
Likewise, the group is also asking for a copy of the full substitute Net Financial Contracting Capacity (NFCC) submitted by the remaining partners, the result of Comelec’s verification or validation of the substitute NFCC, and confirmation by the surety that the performance bond submitted by the Miru venture upon award of the contract remains valid despite the withdrawal of STCC.
Lastly, the R2KRN is also requesting for other records, documents, and papers that the Comelec used as basis for its official act or decision that the remaining partners still have the legal, financial, and technical capacity to perform its obligations under the FASTrAC contract.