Deadlines being pushed back to the limit by suit

MANILA - The case seeking to nullify the automation contract signed between the Commission on Elections (Comelec) and the winning consortium Smartmatic-Total Information Management (TIM) is delaying preparations for the computerized polls.

Consortium on Electoral Reforms (CER) chair Ramon Casiple fears that with the continued delay, “the Comelec might start cutting corners” just to implement the automation project.

The CER is an electoral reform group.

Casiple said the poll body’s timetable is being pushed back to the limit, which could lead to some programs being compromised.

Time is of the essence

A Supreme Court justice, who spoke on background, told abs-cbnnews.com/Newsbreak that the Tribunal would come up with its decision anytime.

The magistrate said the justices are also conscious of Comelec’s deadline, which is why the case is of utmost priority. “We are aware that time is of the essence here.”

Casiple, also the project director of the newly-launched Bantay Eleksyon, or the People’s Coalition to Monitor the Elections, noted that Comelec cannot proceed with its payments to the consortium because of the pending SC case.

Faced with the possibility of a negative SC ruling, the Smartmatic-TIM consortium, on the other hand, has to wait for further signals from the Comelec.

The Comelec’s timetable for automation was already pushed back several weeks after a controversy hit the two partners in the consortium.

Before the SC case was filed, the Comelec had expected the first batch of machines to arrive by November. The machines are to be tested for accuracy, among other criteria. Mock elections are supposed to be held to uncover potential problem areas.

Under the contract, the consortium is supposed to deliver 82,200 counting machines, and provide a system for the consolidation and transmission of results.

No killer obstacle

Casiple, who is a member of the council that advises Comelec on automation, however, said that except for the SC case, “there is still no killer obstacle” that would prevent the implementation of automation in May 2010.

“There is no show stopper yet,” as far as organization, logistics and technical concerns, Casiple said.

A believer in poll automation, Casiple acknowledged that computerization will not elminate cheating, but will make it difficult for cheats to pull their tricks.

A group of concerned citizens, led by UP law professor Harry Roque, has asked the High Court to junk the automation contract on the ground that Comelec failed to conduct pilot testing as required by law.

Roque said the intent of the law was to pilot test the automation system before it could be implemented nationwide.

But Comelec argued the automation law does not strictly require pilot testing.

The SC is expected to come up with a ruling early September.