Comelec thumbs down Impact Hub's P15.3M claim due to lack of documents

The Commission on Elections (Comelec) has denied the P15.3-million demand payment made by Impact Hub Manila, its official partner for the botched Eleksyon 2022 presidential and vice-presidential debates, due to lack of "documentary requirements necessary to establish the validity of claim."

"Upon evaluation, Impact Hub's demand for payment is not accompanied by the documentary requirements necessary to establish the validity of claim," the Comelec said in a letter dated May 19, 2023 and signed by Executive Director Teofisto Elnas Jr.

"In this regard, the Commission is constrained to DENY Impact Hub's claim for P15,300,000," it added.

The letter was sent to Impact Hub's legal counsel Ma. Karla Denise Frias.

In a letter dated April 27, 2023, Impact Hub said that memorandum of agreement it entered with Comelec still stands even if the poll body "decided to unilaterally reschedule and eventually cancel the debates."

Impact Hub Manila warned that it will "avail legal remedies under the law to recover the debt and to protect the company's interest" should Comelec fail to respond or to make a payment arrangement within the next five days upon the receipt of the notice.

The town hall debates, which were supposed to take place on April 30 and May 1, 2022, were scrapped after the checks issued by Impact Hub Manila worth P14 million to supposedly pay Sofitel Philippine Plaza Manila, the venue for the debates, bounced.

The Comelec, in its letter-response, invoked the rules provided by the Generic Procurement Manual Volume 2-Procurement of Goods and Services, which states that requests for payment "shall be made in writing, accompanied by an invoice describing, as appropriate, the goods delivered and/or services performed, by documents submitted pursuant to the contract, and upon fulfillment of other obligations stipulated in the contract as well as upon inspection and acceptance of the goods by the appropriate Technical and Inspection Committee."

Elnas said the payment necessitates that the supplier fulfilled its obligations in accordance with the contract and delivery of goods or performance of service, must be duly substantiated, and found compliant with the terms and conditions of the contract.

Further, Elnas said the procuring entity must ensure that all accounting and auditing requirements are met.

He cited Commission on Audit Circular No. 2012-001, which requires  "legality of transaction and conformity with laws, rules and regulations" and "sufficient and relevant documents to establish validity of claim" for all types of disbursements.

"Claims for payment not compliant with the pertinent procurement, accounting and auditing rules will not be processed. Otherwise, such payment can be the subject of disallowance by the Commission on Audit, together with its concomitant consequences, i.e. criminal, civil and administrative liabilities,” Elnas explained in the letter. —KBK, GMA Integrated News