The Court En Banc by a vote of 11 to 3 has dismissed the four petitions challenging the validity of the purchase of PCOS (Precinct Count Optical Scan) machines by the Commission on Elections (COMELEC) from Smartmatic. The Court found that the main Contract for the Automated Election System (AES) between COMELEC and Smartmatic containing the Option to Puchase (OTP) the PCOS machines was still existing when Smartmatic extended the period of the OTP and when COMELEC exercised the said option, as the performance security bond had not yet been returned to Smartmatic. The return would have terminated the AES Contract as expressly provided therein.
The Court also lifted the temporary restraining order it had issued last April 24, so the COMELEC is now free to implement the Contract for the Purchase of the PCOS machines.
The ponente is Justice Diosdado M. Peralta, and he is joined by Acting Chief Justice Senior Justice Antonio T. Carpio and Justices Presbitero J. Velasco, Jr., Teresita J. Leonardo-De Castro, Lucas P. Bersamin, Mariano C. Del Castillo, Roberto A. Abad, Jose Portugal Perez, Jose Catral Mendoza, Ma. Lourdes P. Aranal Sereno, and Bienvenido L. Reyes.
Justice Martin S. Villarama, Jr.’s dissenting opinion is joined by Justices Arturo D. Brion and Estela M. Perlas-Bernabe.
Also, the Court En Banc has unanimously approved the Guidelines for the release of the 2011 SALNs of all the justices and judges of the Judiciary.
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