Smartmatic cries foul over Comelec ruling

A DAY after being disqualified by the Commission on Elections (Comelec), Smartmatic Philippines Inc. cried foul yesterday, saying the poll body made an “unfair” ruling.

In a statement, Smartmatic said the Comelec ruling was based on “false” and “non-existent” grounds.

In a press conference yesterday, Comelec Chairman George Garcia said they stand firm on their resolution and decision barring Smartmatic from participating in the poll automation projects.

“(The Comelec) surprisingly decided to disqualify Smartmatic on grounds that were not even part of the complaint by Rio, et al., grounds that we were not even allowed to comment on or respond to,” said Smartmatic.

“We can categorically state that the basis of our disqualification is not only false but non-existent. A false accusation and, more so, a disqualification on the basis of a non-existent grounds is not only legally and morally wrong but plain unfair,” it added.

The multinational IT firm was referring to its disqualification from any Comelec public bidding based on the allegations of bribery involving former poll chairman Andres Bautista during the 2016 polls.

Bautista is facing money laundering charges filed by the US Justice Department, with Smartmatic allegedly involved.

Smartmatic, however, said there was no truth to the allegation mentioned by the Commission in its ruling.

“We would like to clarify that we are not facing any such formal charge in the United States,” the firm said, adding the basis for its disqualification were news reports and unofficial, leaked documents.

“Disqualifying Smartmatic in the ongoing bidding for the 2025 voting machines and future procurements on the basis of mere news reports and unofficial, leaked documents from abroad are utterly and facially unacceptable in any jurisdiction, including the Philippines.

Moreso, we have to believe it is unacceptable in the minds of the public,” Smartmatic said.

At the very least, the company said the poll body should have subscribed to the principle of “presumption of innocence.”

“It is foundational to any legal system, here in the Philippines or anywhere in the world, that investigations or indictments do not automatically amount to