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SC asked to review P1.8-B PCOS deal ruling

Thursday, July 5, 2012

Former Vice President Teofisto Guingona’s suffrage rights group is appealing to the Supreme Court (SC) to take a second look at its June 13 decision which upheld the validity of the P1.8-billion deal between the Commission on Elections (Comelec) and Smartmatic-Total Information Management for the purchase of election computers.

In a motion for reconsideration, the Automated Elections System Watch (AESW), through its lawyer Felix Carao Jr., said the high tribunal erred when it held that the period of the option to purchase the Precinct Counting Optical System (PCOS) machines has yet to expire since the performance security bond amounting to P360 million had not yet been returned to Smartmatic by the poll body. The SC noted that Smartmatic-TIM submitted to Comelec a performance security or bond in the form of letter of credit worth around P360 million or 5 percent of the automation contract, which would fund penalties should it fail to deliver equipment based on contract schedules or for non-performance.

The group argued that the Comelec’s exercise of the expired option to purchase is tantamount to giving Smartmatic-TIM, after its contract ended, a benefit that was not known and available to all bidders during the bidding of the 2010 Automated Election System (AES)..... MORE

SourceThe Daily Tribune

URL: http://www.tribune.net.ph/index.php/headlines/item/1130-sc-asked-to-review-p18-b-pcos-deal-ruling

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