Erice yesterday pressed the Supreme Court (SC) to nullify the 2025 poll automation contract between the Commission on Elections (Comelec) the joint venture led by the South Korean firm Miru Systems.
Erice first filed a petition for certiorari with a prayer for a TRO against the P17.98 billion Comelec – Miru joint venture deal last April.
In a supplemental motion filed yesterday, Erice cited the withdrawal of Miru System’s local partner St. Timothy Construction Corporation (STCC) from the joint venture.
The STCC withdrew from the Miru-led joint venture last October due to a possible conflict of interest involving its owners.
Erice again urged the SC to issue a temporary restraining order (TRO) or a writ of injunction to stop the Comelec from implementing its en banc resolution which awarded the project to the Miru System joint venture.
He likewise asked the High Court to declare the notice of award and contract agreement void.
“St. Timothy’s withdrawal from the joint venture is a sufficient ground to nullify the contract. The joint venture is treated as a partnership. If St. Timothy withdraws, then the joint venture only has personality to wind up its affairs,” Erice said in his motion.
“With St. Timothy’s withdrawal, there is no assurance whether there are adequate funds for the implementation of the contract,” he added.
He further said allowing the contract’s implementation without Miru’s local partner is “akin to awarding and implementing a project with an entity ineligible to bid to begin with.”
“If the joint venture pushes through with its contract with the Comelec, that is not winding up. That is transacting business, hence illegal,” Erice added.
Comelec chairman George Garcia said the poll body is ready to defend the poll automation deal before the SC.
“We are ready to respond to any manifestations that is filed since this is part of the process,” said Garcia.
According to Garcia, they have long informed the SC of the withdrawal of the STCC, as well as the submission of the Miru joint venture of a replacement Net Financial Contracting Capacity (NFCC), which was originally provided by the former.
“We have filed our manifestation before the SC, wherein we informed it of the STCC withdrawal, and the submission of the remaining partners of a new NFCC amounting to P20 billion more or less,” Garcia said, adding that the need for the financial guarantee is practically moot considering the capabilities shown by the South Korean firm in meeting its contractual obligations.
