GR 159139; (June, 2005) (Digest)
G.R. No. 159139 ; June 15, 2005
INFORMATION TECHNOLOGY FOUNDATION OF THE PHILIPPINES, ET AL., Petitioners, vs. COMMISSION ON ELECTIONS, ET AL., Respondents.
FACTS
The Supreme Court, in its January 13, 2004 Decision, nullified the contract awarded by the Commission on Elections (Comelec) to Mega Pacific Consortium (MPC) and Mega Pacific eSolutions, Inc. (MPEI) for the supply of automated counting machines (ACMs). The Court found the award tainted with grave abuse of discretion, clear violations of law (including R.A. 8436 and R.A. 9184), and a reckless disregard of Comelec’s own bidding rules and procedures. The ACMs delivered had failed eight critical technical requirements. The Decision, which ordered mutual restitution, became final and executory on March 30, 2004.
Subsequently, Comelec filed a “Motion for Leave to Use the Automated Counting Machines” for the August 8, 2005 elections in the Autonomous Region in Muslim Mindanao (ARMM). Comelec argued that the law mandated automated ARMM elections, government funds were lacking for a new procurement, and the stored ACMs would deteriorate and incur monthly storage costs. It claimed a new technical evaluation showed the machines could now be used.
ISSUE
Whether the Comelec may be permitted to use the ACMs, previously declared as illegally procured and technically deficient, for the 2005 ARMM elections.
RULING
No. The Supreme Court denied Comelec’s motion. The Court’s prior Decision voiding the contract and declaring the ACMs legally and technically deficient had long attained finality. This final judgment established that ownership of the machines never legally transferred to the government, and the paid funds must be returned. The legal flaws and technical failures identified were never rectified.
Comelec’s new technical evaluation, conducted by its own personnel, lacked credibility and could not override the Court’s final findings. Permitting the use of these machines would effectively reverse a final judgment, which is prohibited. Using ACMs deemed unfit for the 2004 national elections for the ARMM polls would expose the electoral process to the same risks of fraud and illegality already condemned. The Court emphasized that fiscal constraints and storage problems do not justify using illegally procured and technically suspect equipment, as the integrity of elections is paramount. The denial is without prejudice to Comelec conducting a new, lawful procurement for automation.