edmundo casino - legal impediments vs option to purchase

8/2/2019 Edmundo Casino - Legal Impediments vs Option to Purchase

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SMARTMATICs Offer to COMELECOPTION to PURCHA SE &

GROUN DS for DISQUALIFICATIONForum hosted by Movement for Good Govt

Ateneo de Manila in Rockw ellMarch 12, 2012

Presented byEDM UN DO G. CASIO, MPA

Vice President FY 2011-2012Philippine Computer Society


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OMBUDSMAN SUPREME COURT

PCS vs COMELEC,SMARTMATIC-TIM,Advisory Council ,Technical EvaluationCommittee Administrative Criminial

Homobono Adaza et al Administrative Criminial

Homobono Adaza, et alvs. COMELEC and

Congress GR L No. 192561

Constitutionality

Nulli ty of the Results


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Bulacan Regional Trial Court

Former House Monte Representative ofBulacan ANGELITO SARMIENTO vs.

SMARTMATIC Massive Disenfranchisement of Voters


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RULE XI, SEC. 39 SECTION 39.1

Award,Implementation

and Termination ofthe Contract

PerformanceSecurity

To guarantee faithfulperformance by the winning

bidder of i ts obligations undercontract in accordance to theBidding Documents, it shallpost a performance securitypr ior to signing of the contract


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Sec. 39. 4 The performance security shallremain valid until the issuance by theprocuring enti ty of the FIN AL Certi ficate ofAcceptance.

Sec. 39.5 - The performance security may bereleased subject to the following conditions: Procur ing entity has no claims against the contract

awardee or surety company

Its has no claims of labor & materials fi led vs. it Other terms of contract


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Part VII. Field Tests & Mock Elections 1st Field Test was 27 January 2010 in 10 provinces

across 6 locations : Benguet, Pateros, Taguig, Naga,Cebu & South Cotobato

2nd Field Test w as 29 January 2010 in 6 precincts inPateros, Taguig

Mock Election s was 6 February 2010 in 9 prcnt in 5locs: QC, Taguig, Pateros, Baguio, Cebu & Davao

Despite report of glitches, Comelec declared them asuccess

Transmission problems & Ballot Rejections


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Part IX. MajorProblems/ IssuesEncountered Compact Flash Card

Configurations Transmission

UltraViolet Mark

Date/ Time Stamps

Final Testing &Sealing Results

Part IX. MajorProblems/ IssuesEncountered HW Failure

Replacement ofDefective CF Cards

Thermal Paper

Rejection of Fake

Ballots Source Code Review


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IN ITIAL OPTION EXPIRED EXTENSION HAS EXPIRED

Under the July 9, 2009contract with Comelec

& Smartmatic-TIM , it islong expired, hencethere is no longer anyvalid option that maybe exercise. (Contract

Obligations)

The extension optionuni laterally offered by

Smartmatic in Dec. 10,2010 likewise expiredon March 31, 2011without Comelec takingany action to exercise

the extended option


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REVISED EXTENDED OPTION

The revised extended option to purchase

granted by Smartmatic in i ts letter of April 1,2011 contains certain modi fications.

That is no longer acceptable as the originalcontract and CANNOT qualify for negotiatedprocurement for any reason except for repeatorder or 3 times failure of bidding


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NOT TRUE NOT TRUE

COMELEC contractwith M ega Pacific in

2003 for the 2004elections was worthonly 1.3 B pesos for1,991 ACMs under aCCOS environment

ARMM elections inAugust 2008 cost the

Philippine govt 600 +mill ion for 3,000 + uni tsof DRE in M aguindanao& 150 mi ll ion for 115+units of CCOS for 4

provinces


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Laptops @20,000 each

350,000 uni ts is morethan the number ofpolling precinct at 200

voters (max by law)per precinct

Laptops @15,000 each

466,666 units is almostas equal to the 500,000public school teachers

who are tasked to beBEIs by law


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Public must not be misled by proclamations,declarations, rhetoric of Comelec-Smartmaticwithout having the legal charges resolved.

Not only to exercise the option to buy favoringonly one company, a foreigner at that, but alsobe subjected to forensics review & disqualified.

Sue & charge Smartmatic damages for non-compliance to the law & their own wrongdoing


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