World | Philippines
Recovery suit to be filed against computer firm
- By Rizal Raoul Reyes, Correspondent
- Published: 00:00 May 27, 2004
After failing to computerise the recently-concluded elections, the government will file a civil case against the computer company for the recovery of P1.03 billion that the Commission on Elections (Comelec) paid for the acquisition of automated counting machines (ACMs) for the May 10 elections.
Solicitor General Alfredo Benipayo recently said the government is just waiting for additional evidence from the Commission on Elections (Comelec) before the Office of the Solicitor General files the case in the court.
"I'm waiting for some evidence and documents from the Comelec. They're still busy with the canvassing of the votes," he said. However, Benipayo refused to divulge the type of evidence coming from the Comelec.
Benipayo said it would take a longer time for the government to recover the money because the criminal case would be given priority in the court. "I think that the criminal case would be more compelling," said Benipayo.
The Supreme Court in January this year rejected the Comelec's computerisation project with Mega Pacific Solutions and tasked the solicitor general's office to recover the P1.03 billion paid to the consortium.
"The Comelec put at grave risk the holding of credible and peaceful elections by shoddily accepting electronic hardware and software that admittedly failed to pass legally mandated technical requirements," said the Supreme Court in its decision.
The Supreme Court also asked the solicitor general's office to study whether there is a need to file a criminal case against the public officials and private individuals involved in aborted project.
On its part, Mega Pacific lawyer Alfredo Lazaro Jr stressed that the company did not owe the government because it already delivered the counting machines. He added the government's demand for a refund was not justifiable because the machines had undergone thorough testing and the government was not capable of bringing the machines to the original form.
"We are not at fault. We performed our end of the deal in good faith and delivered the machines based on Comelec specifications. Hence, we should not be made to suffer financially," said Lazaro.
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