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But serious problems, hurdles face poll automation

TIM caves in, partnership on

By Marie A. Surbano and Angie M. Rosales

07/04/2009

Total Informal Management (TIM), a partner of Smartmatic Barbados of the consortium that had been awarded the P11.2 billion poll automation project by the Commission on Elections, yesterday caved in to the threats of Comelec and kissed and made up with its partner, whom TIM earlier claimed it had lost trust and confidence in, and had "irreconcilable differences."

But even as Comelec chairman Jose Melo was grinning from ear to ear yesterday after the two partners ironed out their differences while saying that full poll automation for 2010 will push through, there are still some serious issues the poll body will have to hurdle that could also jeopardize what is being anticipated by them as a smooth-sailing in the holding of automated polls.

Senate President Juan Ponce Enrile pointed this out yesterday as he cited the

certificate of canvass (CoCs) and election returns (ERs) used by the national canvassing boards in counting the votes for the presidential, vice presidential and senatorial candidates.

Melo was all smiles, saying "we were able to thresh-out everything and the Smartmatic and TIM people have signed the incorporation papers and the joint venture agreement of the company.

This announcement was made by Melo after emerging from more than three hours meeting with the executives of TIM and Smartmatic Corp. Friday at the Comelec main office in Intramuros, Manila.

Melo said they expect the contract with the joint venture company to be signed by Friday next week since the registration of the incorporation of the TIM and Smartmatic joint venture agreement is set to be filed by Monday with the Securities and Exchange Commission (SEC).

Transparency was however absent as Melo and his commissioners refused to say what was agreed upon by the partners and the poll body.

With TIM and Smartmatic ending its feud, Melo allayed the apprehensions that the nation will revert to manual elections.

"We are back to automation," Melo declared.

Asked if the the same thing happens again between the partners, Melo said it would be impossible since the two companies have signed the joint venture incorporation papers which makes them both liable in case another "internal" problem crops up.

Melo also scored UP professor lawyer Harry Roque and the rest of the Concerned Citizens Movement (CCM) who threatened to file charges against the Comelec before the Supreme Court if they decide to push through with the contract signing after the recent controversy where TIM split up from the partnership last Monday due to "control of the money".

"I think Mr. Roque did not check his facts well," Melo said.

Melo said that "at the time the bid was conducted there was already a joint venture agreement between the Filipino and foreign company, although this was not as yet incorporated."

He added it would also be foolish to require them to incorporate the joint venture partnership when they were not sure if they would be chosen or declared the winning bidder to supply the automated machines needed by the commission.

On the other hand, Melo said with the recent events, the consortium will not have the sole control in the customization of the 82,200 precinct count optical scan (PCOS).

Melo said "we (Comelec) will have control over the whole operation. We will have our project management team and this will be the one giving all the directions."

Melo meantime refused to allow the representatives of the two companies to appear before the media.

Cesar Flores, Smartmatic’s international sales director said "To all the stakeholder in the elections of 2010, Smartmatic and TIM would like to manifest our assurance that the automation of the 2010 elections will push through and that we stand behind Comelec."

Flores also stated that the two companies have the best manpower and technology that would ensure honest, clean and credible elections next year.

"We have a team of people with deep knowledge of election technology and project management skills," he added.

Flores said they want to honor their commitment to the Filipino people and this is being done through the implementation of the automated elections.

For Enrile, he said that as the counting procedure will be effectively shortened under a computerized system, there some constitutional requirements that need to be addressed or observed by Congress, convening as the national board of canvassers for the presidential and vice presidential elections and the Comelec in tallying the votes for the senatorial race.

"We will have to amend the election law, hand in hand with this law of automation, automating the election in 2010 because there are provisions in the law that must be changed.

"For instance in the Constitution, a copy of the returns will be sent to the Senate president for the canvassing of the results for the voting on the presidential and vice presidential polls. What will we canvass in Congress to proclaim the winners? We have to change the law, define it in the law," he said in a press conference.

Enrile said ERs are supposed to be signed by the local election officials when they are sent to the level of the national canvassers.

"My understanding was when we were passing the budget, the P11.3B budget for automation, it was understood that we will amend the corresponding portions of the election law in order to address the requirements of the Constitution and the election law for canvassing purposes of national officials," he said.

This matter can be addressed by the two Houses since they still have a year to go before the current 14th Congress officially ends its term.

"We can do it. When we open in July, we will have to start talking about this, in preparation for 2010, assuming that there will be automation at the polls," he said.

The Senate chief said there is no need to amend any law, if and when the Comelec decides to go back to manual system.

Nonetheless, Enrile said the poll body still needs to prepare necessary arrangements for a manual system as a "back up", should poll automation bog down.

The senator noted that the preparations for a manual system appears to be nowhere in sight.

"They have to prepare for manual elections while they’re automating the elections as a back up. That is the back up of the whole exercise," he said.

Resorting to manual system or not, Enrile said the country cannot afford to put on hold polls next year, adding that "it will be worse than having a banana republic."

"We can no longer stop automation if it can be done. The only thing that we are saying is, yes we will automate but we must not rely fully on automation because there is a possibility, although not the probability but the possibility, although remote, that it may not work. We have not tried it. So we have to be prepared to shift to manual in the event that we realize that it will not work.

"We cannot afford not to have an election. Believe me, I will keep repeating, we cannot afford it. This country will be worse than a banana republic if we do not have any election. So if the automation will not work, then we have to go manual," he said.

"It’s better to have a manual election than nothing. Whatever may be the opinion of others, I’d rather have manual elections compared to no elections or failure of elections or a revolution because that will be the net result if we have no election," he said.

Sen. Chiz Escudero, for his part, said that the Comelec’s announcement of the partners getting together again was welcome news, but stressed that that "this development does not, in any way, resolve the major issues relative to poll automation. The poll automation contract is still tainted by legal and logistical infirmities, and the nation is no closer to clean and honest elections now than it was two weeks ago.

"We remind Comelec, and all those who accuse us of being anti-automation, that Republic Act 9369 is clear on the process of automating our elections. We should automate first in pilot areas – two highly urbanized cities, and two provinces in Luzon, two in the Visayas, and two in Mindanao. And the objective, in fact the spirit, of this law is clear as well: clean and honest elections.

Unless and until we resolve these poll automation issues, the promise of clean and honest elections will most likely remain just that, a promise. Automation, per se, is not a cure-all to fraud and cheating. We should not be forced into a position where we have to agree to an inferior contract for the sake of automation because this may only lead to automated cheating.

Meanwhile, let us be vigilant against poll cheating. If our collective aspiration is for clean and honest polls, then we must bear this in mind always. Cheating can occur whether we have manual or automated polls unless we are vigilant."

Sen. Pia Cayetano called on the partners to face the Senate hearing on Monday to directly explain the reasons for the falling out in their joint venture which has jeopardized efforts to automate the national elections next year.

"Their bickering has held hostage not only the Comelec, but more important, the future of an entire nation. They must be made to testify under oath the reasons for the falling out. They can’t just conceal this from the public because they have already made a commitment with government to carry out the modernization of our elections before backing out at the last minute.

"But what’s really disturbing is that neither of them has shown any tinge of regret or remorse, considering the gravity and the consequences of their actions. Do they think they can just walk away and not be held accountable?" she asked.