The Commission on Elections (Comelec) on Monday admitted that the case between Smartmatic International and its partner, Dominion Voting Systems, in the United States could have an effect in the preparations for the May 2013 polls.

But Comelec Chairman Sixto Brillantes Jr. immediately assured the public of it’s only minimal effect.

“A bit of effect but not enough to create panic,” Brillantes defended.

It was earlier reported that Smartmatic filed a lawsuit against Dominion in Florida, USA over the latter’s alleged breach of a licensing agreement and tortuous interference with Smartmatic’s business.

Smartmatic is accusing Dominion of allegedly withholding technology and services that had been licensed to them, and for its intentional actions to denigrate Smartmatic’s brand and undermine its relationship with customers and prospects.

Smartmatic International is the technology provider for next year’s automated elections in the country including 81,280 Precinct Count Optical Scan (PCOS) machines that will be used in the midterm elections.

The agreement between the two firms had previously allowed Smartmatic to use the software of Dominion to operate the PCOS machines and install the necessary software upgrades to enhance and address glitches in the system.

The worst-case scenario that Brillantes could foresee is Smartmatic being unable to complete the enhancements Comelec had requested in 2011.

“Para ma-cure yung mga glitches and deficiencies in the 2010, which we have already incorporated sa 2011, and mayroon pa kaming hinihinigi for 2012 . . . Yun na lang ang problema, yung konti sa 2012. I don’t think it is a big problem. It’s a business fight between Smartmatic and Dominion, both of which cannot afford to affect or adversely affect the elections in this country. It will not be good for their business,” Brillantes said.

Meanwhile, Smartmatic’s Asia-Pacific president, Cesar Flores, assured the public that the case would not affect the upcoming election in the Philippines.

“We are filing a lawsuit looking for compensation for one of our providers. This is a common business situation that has no impact on our ability to serve our customers worldwide,” Flores said, adding that “Comelec is using a technology provided by Smartmatic, upon which we guarantee its proper functioning and compliance with their requirements.

The relationship with our providers must not worry any of our customers.”

Doomsday scenario
Brillantes also urged the poll watchdogs to moderate their criticisms in giving “doomsday scenarios”.

Instead of instigating panic, these groups should first get their facts straight from the concerned agency, the chief pointed out.

“Pinipindot agad nila ang panic button, hindi naman nila kami kinakausap. Sino ba ang nakaka-alam ng detalye ng mga yan? Sila ba or kami?” the poll chief said.

Brillantes appealed on concerned Automated Election System (AES) watchdogs, including former Comelec commissioner Augusto Lagman, to convene first with their office before issuing any statements that may cause panic.

“Dominion and Smartmatic issue is not a reason to panic. Paki-usap ko lang to the AES watch, maybe even to former commissioner Lagman to come here in this office and check with us what are the real facts,” Brillantes challenged.

Reacting on Brillantes statement, Lagman said that being part of AES watch through Transparent Elections, he should confer with them first before reacting to the invitation.

When asked to comment on Brillantes’ statement that watchdogs tend to push cause to the public to panic, Lagman said in a text message, “Maybe the reason is that Comelec has not been known to listen to what the NGOs [non-government organizations] say.”