Garcia: Comelec eyes to 'appeal' SC's abuse of discretion ruling

MANILA, Philippines — The Commission on Elections (Comelec) is planning to “appeal” to the Supreme Court's (SC) decision concerning its verdict on finding the poll body committing grave abuse of discretion by disqualifying election service provider Smartmatic from participating in future election-related bidding processes.

In an interview with Radyo630 on Thursday, Comelec Chairman George Garcia said that the poll body will file a motion for reconsideration before the high court.

“Magpa-file po kami ng motion for reconsideration doon sa issue ng abuse of discretion and excess of jurisdiction,” Garcia said. 

(We will file a motion for reconsideration regarding the issues of abuse of discretion and excess of jurisdiction.)

Garcia also said that if the SC ruled with finality, the Comelec will not be an “obstacle”.

“Kung magiging final po ang desisyon ng korte suprema, hindi po magiging hadlang ang comelec sa kanila, siyempre po sa ating pong pagtalima yan sa majesty of the decision of the Supreme Court,” he added.

(If the decision of the Supreme Court becomes final, Comelec will not be an obstacle to them, of course, in our compliance with the majesty of the decision of the Supreme Court.)

The Comelec chairman also emphasized that the recent ruling will not affect the awarding of the contract for automated vote-counting machines to the Korea-based election service provider Miru Systems.

“Hindi po mahihinto ang lahat ng preparasyon natin. Hindi maba-balewala ‘yung binigay nating award sa Miru Systems,” Garcia said.

(All our preparations will not be halted. The award we gave to Miru Systems will not be invalidated.)

On Wednesday, the SC said that Comelec committed grave abuse of discretion after it disqualified election service provider Smartmatic for the 2025 automated election system bid.

However, the high court did not nullify the public bidding or the award of contract to Miru Systems citing the doctrine of operative fact.

The doctrine of operative fact refers to a legal principle that recognizes the validity and effects of certain acts or events that occurred before a law was declared unconstitutional or before a judgment was overturned.

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