Unseated Rep. Lucy Torres-Gomez can still run, says Brillantes

MANILA, Philippines – Rep. Lucy Torres-Gomez can still run for the fourth congressional seat of Leyte even if she was unseated by the Supreme Court on a ruling that her substitution as a candidate in place of her husband, Richard Gomez, in the 2010 elections was invalid, Comelec said Wednesday.

Commission on Elections Chairman Sixto Brillantes Jr., explained that Gomez is not officially unseated (and disqualified to run) until the decision is final and executory, unlike the case of unseated Imus Mayor Emmanuel Maliksi, which is immediate and executory.

"She is not disqualified, the disqualification was the substitution. The one disqualified there was her husband, and she merely subbed for him.”

Gomez was disqualified on the basis of residence, not technically disqualification but more because of the cancellation of the CoC (Certificate of Candidacy) (of the husband), Brillantes said.

Voting 7-4-4 last Tuesday, the Supreme Court ruled that her substitution as a candidate in place of her husband in the 2010 elections was invalid.

But since there was a motion for reconsideration from the congresswoman’s camp, “you cannot implement it,” Brillantes explained.

Grounds for disqualification

Brillantes said grounds for disqualification are listed in Section 12 and 68 of the Omnibus Election Code (OEC) and Section 40 of the Local Government Code. “These are grounds for disqualification and in the case of Lucy, [it’s the residence issue.] It is not a ground for disqualification under Section 68 of the Omnibus Election Code.”

He, however, said cases of disqualification may still be filed against any candidate even after the election, but before the actual proclamation of winning bets.

"Until after the election, when you commit fraud during Election Day, you will be disqualified and prevented for being proclaimed. Those are our rules, that you can file a disqualification case (even) before the proclamation,” Brillantes explained.

Brillantes said the Commission is drafting another set of rules on the disqualification process in order to make it easier for the protestant and the respondent, and to save time and money. 

"We would like to change the entire process of electoral process and revision of ballots. We will come out with it before the elections,” Brillantes said, adding that he is starting to read decisions from the Supreme Court regarding disqualification cases.

source: interaksyon.com

Comelec to disqualify indelible ink supplier for failure to meet technical specs

MANILA, Philippines – The Commission on Elections (Comelec) on Tuesday announced the disqualification of the winning bidder for the supply of 520,000 bottles of indelible ink after the company failed to meet technical and chemical specifications.

This means that the second lowest bidder will qualify for the supply of indelible ink after PhilTint and Color Specialist Inc. failed in the post-qualification process, Comelec Chairman Sixto Brillantes Jr. said.

The contract was for P72.3 million.

If they don’t follow the requirements specified in the bid documents, this is a ground for disqualification, Brillantes said, referring to PhilTint samples that were erased from the finger after solvents were applied.

Citing the procurement law, Brillantes said the Comelec is allowed to choose the next lowest bidders to present samples for testing until such time that it finds one that can stand against application of any solvents.

Earlier, former Comelec lawyer Melchor Magdamo said PhilTint and Color Specialist Inc. has “controversial roots traceable” to OTC Paper Supply, the supplier of P690-million worth of ballot secrecy folders used in the first automated election in 2010. At the time, the Comelec scuttled its planned purchase of the overpriced folders costing P380 each.

Magdamo asked Comelec to closely monitor the procurement of indelible ink, indicating possible irregularity in the bid.

Acting on this information, Brillantes said the second lowest bidder will be asked to present the samples of indelible ink for testing to the Bids and Awards Committee in a post-qualification process before awarding the project. The next lowest bidders will follow.

Asked if the second lowest bidder is eligible for the procurement of indelible ink if the winning bidder has been disqualified, Brillantes said, “Yes.”

“We will just declare the second lowest bidder as the winning bidder, lalabas na siya ang (he will come out as) lowest bidder, and it will be posted,” Brillantes said.

The bidding rules state that, “In the event the samples of bidders with LCB (lowest calculated bid) did not pass the technical evaluation, the bidder with the second lowest LCB shall undergo post-qualification processes and testing of its sample, and so on and so forth until the lowest calculated responsive bid is finally determined.”

The same rules require that indelible ink must “contain at least 7% of the silver nitrate. The stain on the nail, cuticle, and the first joint of the finger (second distal phalanx) must not be removed completely by any of the solvents specified in Section VII of the Bidding Documents; otherwise, the bidder would be post-disqualified for submitting non-responsive technical bids in the form of samples.”

source: interaksyon.com