We totally agree with the experts, like the members of the Philippine Computer Society. Smartmatic, for having violated the Comelec’s own rules–and other Philippine laws, is not eligible to have anything further to do with our elections.
Yet, it was allowed to bid for the repair and refurbishing of the PCOS machines–the use of which made a pile of dung of the 2010 and 2013 elections–for use in 2016. Smartmatic has won the bidding.
Despite having committed crimes against the Filipino people by selling us defective PCOS machines, by misrepresenting itself in violation of the Automated Election Law and other laws, Smartmatic and the PCOS machine — with the approval of the Comelec Chairman and the Commissioners–will again be the big player in the 2016 elecions.
The election watchdog NGO Citizens for Clean and Credible Elections (C3E), and other heavyweight groups, like Automated Election System Watch (AES Watch), and the Joint Congressional Oversight Committee on the Automated Election System, through Chairman Senator Aquilino Pimentel 3rd, have assailed the Comelec decision. Senator Pimentel has said that there are still many questions about Smartmatic and the PCOS machines that have not been satisfactorily answered.
Today’s column by election and IT expert Nelson Celis, titled “Declare Smartmatic Ineligible” once more plainly explains why Smartmatic should have been barred from bidding for any part of our election process.
These are the Comelec Bids and Awards Committee rules that Smartmatic violated and should have merited it to be automatically declared ineligible:
• Rule 1, from Clause 24.1 of Section 2 of the Comelec-issued bid documents, states:
The BAC shall open the first bid envelopes (eligibility documents) of Bidders in public . . . to determine each Bidder’s compliance with the documents prescribed in ITB Clause 12. . .the BAC shall check the submitted documents of each bidder against a checklist of required documents to ascertain if they are all present, using a non-discretionary pass/fail criterion. If a bidder submits the required document, it shall be rated as pass for that particular requirement. . . bids that fail to include any requirement or are incomplete. . . shall be considered as failed. Otherwise, the BAC shall rate the said first bid envelope as passed.
• Rule 2 from Clause 19.3 of Section 2 of the Comelec- issued bid documents states:
The Bidder shall prepare and submit an original of the first and second envelopes as described in ITB Clauses 12 and 13. In the event of any discrepancy between the original and the copies, the original shall prevail.
Smartmatic did not comply with these rules–and yet the BAC and the big bosses of Comelec did not declare the Venezuelan marketing firm inelegible.
There more serious violations–which are in fact crimes!
We agree with Nelson Celis: “Let’s join the inter-faith multi-sectoral Occupy Comelec Movement for a month long prayer camp-out at Manila Cathedral’s Plaza Roma.”
Smartmatic and Chairman Sixto Brillantes are inexplicably so powerful. It’s as if Lucifer himself is their champion.
We must all pray very hard that God sends St. Michael the Archangel to combat these Destroyers of our Republic.
And let’s do our praying at the Comelec HQ!