MANILA — The Commission on Elections is eyeing to include information on the money laundering case filed against former Comelec Commissioner Andy Bautista before a US District Court in seeking the Supreme Court’s reconsideration on its ruling that found the poll body abused its discretion when it disqualified Smartmatic from bidding election contracts.

The Supreme Court's ruling did not invalidate the contract awarded to South Korean firm Miru Systems for vote-counting machines for the 2025 elections. 

COMELEC Chairman George Garcia said the US government sued Bautista for money laundering. That was after the former poll chief’s estranged wife flagged his alleged ill-gotten wealth worth P1 billion. Bautista’s alleged anomalous dealings were related to the 2016 polls.

“We have the power to select sino ang pwedeng pumasok sa bidding, sapagkat may information kami na nakuha on the issue of the integrity and credibility of what happened in 2016. That’s our basis. Of course, at that time, we [could not] reveal fully the information in our answer, because of the Mutual Legal Assistance Treaty that we have, and we do not want to compromise the ongoing investigation of the US authorities,” Garcia said on Wednesday.

READ: Comelec mulls appealing SC decision on Smartmatic disqualification

He said that a case has already been filed against Bautista in the US.

"We will definitely include that in the event that we will be filing the Motion for Reconsideration… Surely we will be filing the MR because of this latest development," Garcia noted.

CRIMINAL RAPS IN PH POSSIBLE

Garcia said criminal charges could also be filed against Bautista in the Philippines over alleged irregularities in the 2016 bidding.

“Kung nagkaroon talaga ng bidding na niluto, halimbawa noong 2016, based sa findings nila, sino ang mga involved? Hindi naman pwedeng isang tao lang ang magluluto ng bidding. So may mga na-involve," he said.

He said that the others may not have been implicated in the US money laundering case but could have been involved in irregularities in the bidding.

"[H]indi mako-commit ‘yung bagay na ‘yun o ‘yung manipulation halimbawa ng bidding kung nag-iisa lang. May mga kasabwat. Kaya ako nag-create ng isang panel."

READ: SC finds abuse of discretion in Comelec ban on Smartmatic

“We have to expedite also because we have to prove that when we decided to disqualify, it was based on something,” Garcia noted.

PETITION VS MIRU CONTRACT 

The Comelec, meanwhile, said it is ready to respond to a petition filed before the Supreme Court seeking to stop the implementation of the automation contract awarded to Miru Systems.

“‘We will answer accordingly. But hindi po kami hihinto sa ating preparasyon. Maghihintay kami na pasagutin tayo, kung sakali, and we will definitely answer,” he stressed.

He said the commission will heed the Supreme Court's ruling on the petition, but also said that stopping preparations for the midterm elections could mean the polls in 2025 would not be automated, a requirement under the law.