Ex-Rep. Erice files graft complaint vs. Comelec officials

Commission on Elections Chairman George Garcia on October 11, 2023. Maria Tan, ABS-CBN News/File 

MANILA (UPDATED) — Former Caloocan Second District Rep. Edgar Erice on Tuesday filed a graft complaint against Commission on Elections (Comelec) Chairman George Erwin Garcia and Comelec Bids and Awards Committee members before the Office of the Ombudsman.

Erice filed the complaint-affidavit, which Garcia called an expected move that he believes is related to the legal issues of former service provider Smartmatic, with his legal counsel Atty. Rolando Asuncion.

READ: Garcia says Erice running a well-oiled 'demolition job' vs Comelec

"Ito po ay hindi demolition job. Bakit? Kinwestiyon ko po yung legalidad ng kanilang kontrata sa Supreme Court sa pamamagitan po ng certiorari. Ngayon naman ay nagsumite ako ng criminal case laban sa kanila. Ibig sabihin papatunayan ko, hindi ko ito titigilan hanggang makarating tayo sa impeachment," he said.

"Ang puno’t dulo ng kaguluhan dito ay korupsyon. Dapat niyang ipaliwanag. We will not stop. Ang end goal natin dito ay hindi magamit ang Miru Systems na yan sapagkat napakadelikado niyan. Hanggang ngayon hindi pa alam ni Chairman Garcia kung papaano gagamitin yung makina na yan," Erice added.

In the 10-page complaint affidavit, he argued the respondents violated Section 3 (e) and 3 (g) of Republic Act No. 3019 or the Anti-Graft and Corruption Practices Act when it awarded the P18-billion contract to Miru Systems for the Full Automation System with Transparency Audit/Count (FASTrAC) project.

He claimed the bidding for the (FASTrAC) project was already rigged in the South Korean firm's favor, despite not having experience here in the country. Erice said the Comelec should not have entered into a new contract since there are still vote-counting machines from Smartmatic that could be reused.

The Comelec earlier declared about 98,000 VCMs unusable. Erice claimed refurbishing VCMs could save the country up to P5 billion.

MIRU SYSTEMS

In April, the former lawmaker filed a petition for certiorari before the Supreme Court seeking to block the contract between Comelec and Miru Systems. Erice flagged alleged irregularities in the procurement process and questioned why Miru would use prototype machines, which violate the automated elections law. The former lawmaker said they are still awaiting the high court's decision.

READ: Comelec chief faces contempt charge before SC over revert to manual elections remark

READ: Comelec chief vows to sue ex-lawmaker over bribery claims

Should the Supreme Court rule against Erice, he said they have no choice but to follow.

"Wala tayong magagawa. We should follow the Supreme Court. Confident ako na maliwanag na maliwanag. Iba yung kaso dito sa Supreme Court. Ito graft. The Supreme Court question of law. Legality. Kinekwestiyon ko yung kontrata," he said.

Comelec Chairman Garcia has yet to issue a statement following the filing of the complaint. However, he earlier said the demolition job's end goal is to use the old machines. In an interview with Teleradyo Serbisyo on Sunday, Garcia said anyone can file a complaint and they are ready to face this one.

The Supreme Court earlier ruled that Comelec committed grave abuse of discretion when it disqualified longtime election provider Smartmatic.

Erice meanwhile faces a complaint for issuing "false and alarming" media statements on the government's preparations for the 2025 elections. Last Thursday, two private individuals filed a complaint against Erice before the Comelec Law Department. Erice earlier said the complaint against him was "pure harassment."

GARCIA: IT'S A DEMOLITION JOB

Garcia dubbed Erice’s charges against him and his team as something already “expected.”

“Expected natin yung pagpa-file ng kaso sapagkat sinabi naman nya yun nung nakaraan pa, na sya ay magpa-file ng kaso laban sa atin, laban sa mga kasamahan sa Komisyon. Wala na pong bago dyan,” Garcia, said in a teleconference with media.

(That filing of the case was already expected because he (Erice) already mentioned that in the past. There’s nothing new there)

“Ngayon, kung ang intensyon ay upang i-divert ang atensyon ng Comelec doon sa ginagawa nating imbestigasyon sa daang-milyong piso na nawala sa pondo ng sambayanan nung 2016, hinding-hindi po kami mapipigilan sa bagay na yan,” Garcia added.

(Now, if the intention is to divert, the Comelec's attention from our investigation on the missing hundreds of millions of pesos in 2016, no one can stop us)

The Elections chief was referring to the revival of the COMELEC’s 11-man panel whose task is to investigate the government’s 2016 election transactions, which include the P700 million in value -dded tax allegedly given by the Commission’s previous leadership to Smartmatic.

Part of Garcia’s directive was to revisit how then Comelec Chairman Andres Bautista and the previous members of the Commission en banc handled the procurement of vote-counting machines and other supplies. 

“Kasama pa rin po yan sa demolition job. Plan A, Plan B, Plan C...  yun ang dapat na itatanong natin sa kanya (Erice), eh bakit ba pinipilit yung mga lumang makina? Yung mga lumang makina pa na 2018 pa dineklara na ng COMELEC en banc that time, wala pa ako nun, na ang buhay nitong mga makina na ito ay hanggang 2022 lang. Kahit pa magkamali pa kami ng komputasyon, hanggang 2024. Eh 2025 ang halalan,” Garcia pointed out.

(That’s part of the demolition job. Plan A, plan B, plan C. But what should be asked from him (Erice) is, why do you keep on insisting to use the old machines when the COMELEC en Banc in 2018, has already declared that those vote counting machines are only usable up to 2022. Even if we missed our computation, say, up to 2024. But the election is in 2025.)

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