Edmundo Casino - Legal Impediments vs Option to Purchase
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Transcript of 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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