CebuOnlineNews.com

Group to question Smartmatic-TIM partnership

The Concerned Citizens Movement said it will question before the Supreme Court the P7.2-billion poll automation project between the Commission on Elections (Comelec) and the Smartmatic-TIM consortium due to the consortium’s alleged violation of the Anti-Dummy Law.

Lawyer Harry Roque said the group will file a temporary restraining order before the Supreme Court against the contract after Smartmatic-TIM officials admitted before the Senate that they did not follow the 60-40 constitutional rule on joint ventures. The Barbados-based Smartmatic is a foreign firm while Total Information Management Corp. (TIM) is its Filipino partner for the elections.

Commonwealth Act No. 108, also known as the Anti-Dummy Law, limits the disposition, exploitation, development or utilization of natural resources and the operation of public utilities to Philippine citizens, or to corporations or associations at least 60 percent of the capital of which is owned by the Filipino citizens.

The law covers ownership and management of mass media, the ownership, control and administration of educational institutions, and the control of the governing body of entities engaged in commercial telecommunications.

Roque said the Smartmatic-TIM consortium failed to completely disclose in the joint venture agreement the details and conditions of their partnership, particularly the issue of who has more control and power over the consortium’s funds.