SC: Comelec committed grave abuse of discretion in barring Smartmatic

Vote-counting machine (File Photo: COMELEC/Facebook)

MANILA – The Supreme Court has granted the petition of service provider Smartmatic questioning its disqualification by the Commission on Elections (Comelec) in bidding for its poll projects.

“The SC granted the petition. It held that Comelec committed grave abuse of discretion when it disqualified Smartmatic before it had submitted any bid, without any reference to the eligibility requirements prescribed by its BAC (Bids and Awards Committee). It implemented a discretionary pre-qualification regime antithetical to the Government Procurement and Reform Act,” SC spokesperson Camille Sue Mae L. Ting announced in a press briefing on Wednesday.

However, the high court explained that “this finding is not sufficient to nullify the public bidding or award of the contract” for the vote-counting machines for the 2025 mid-term elections to a joint venture, Miru Systems.

The ruling written by Associate Justice Jose Midas Marquez was issued by the SC en banc on Tuesday, the court said.

In November 2023, the Comelec disqualified Smartmatic from joining public bidding processes in relation to electoral exercises in the country due to allegations of irregularities hurled against the company and former Comelec chairperson Andres Bautista, which include bribery payments.

The Comelec then proceeded to conduct public bidding for the 2025 automated election system, and the contract was awarded to Miru.

In December, Smartmatic filed a petition before the SC, challenging its disqualification by Comelec.

With the decision granting Smartmatic’s petition against its disqualification, the court said Smartmatic is now eligible to participate in future elections.