FOI coalition demands Miru JV, Comelec to release more info on STCC withdrawal

A coalition advocating for freedom of information has requested transparency from the Commission on Elections (Comelec) and representatives of the South Korean Miru-led joint venture (JV) following the withdrawal of one of its local partners.

The Right to Know, Right Now (R2KRN) Coalition sent a demand letter to Miru and Comelec, asking for the following details:

• The specific roles and responsibilities of each remaining partner in the joint venture, including their respective technical, operational, and financial responsibilities;
• Updated documentation showing the financial capacity of the remaining partners, including details on which partner will now assume St. Timothy Construction Corporation's financial obligations and proof that the partnership still meets the legally required Net Financial Contracting Capacity (NFCC), despite STCC’s withdrawal;
• A detailed breakdown of the ownership structure of the remaining partners, including evidence that the partnership still complies with the 60% Filipino ownership requirement, and confirmation that the financial contributions of the Filipino partners meet this legal threshold;
• A clear statement on how the liabilities initially borne by STCC will be redistributed among the remaining partners
• Revised project timelines and milestones, specifying how the remaining partners will meet the original deadlines for delivering the automated election system, any potential delays or adjustments caused by STCC’s withdrawal, and how these will be managed;
• Provisions for dispute resolution resolution outlining how internal disagreements between and/or among the remaining partners had been and will be handled in the future;
• Detailed provisions demonstrating full compliance with the Government Procurement Reform Act (Republic Act No. 9184), including adherence to procurement rules regarding transparency, fairness, and public accountability; 
• Proof of performance guarantees or committed line of credit to cover the financing required of the MIRU JV to implement the FASTrAC contract with COMELEC to full term; and 
• Contingency plans in case any of the remaining partners fails to fulfill their obligations

In September, STCC withdrew from the joint venture after Comelec raised concern over information that some of its alleged owners expressed intent to run for a local and national position in the 2025 polls due to possible conflict of interest.

Last week, Miru Systems Inc. submitted a new Net Financial Contracting Capacity (NFCC) to Comelec, a compliance document needed as part of the procurement process.

Miru said the submission of the NFCC is an assurance to the Comelec that the remaining partners in the JV are "capable of complying and completing the terms of agreement" for the 2025 polls despite the exit of STCC.

However, R2KRN co-covenor Nepo Malaluan said the Comelec should not diminish the implication of STCC’s withdrawal.

“Hindi tayo maaaring makapante ngayon na nawala 'yung isang malaking partido sa JV ay kaya pa ring gampanan itong naiwan na company,” Malaluan said Tuesday in a press conference.

(We cannot be complacent that the remaining partners can shoulder the responsibilities left by STCC.)

The STCC provided the NFCC for the P17.99 billion contract for the new automated election system and automated counting machines for the 2025 polls.

The two other local firms were Integrated Computer Systems and Centerpoint Solutions Technologies, Inc.

“Only the disclosure of the information we demanded can give us the level of assurance, faith and comfort na ang halalan sa 2025 ay magaganap (that the 2025 polls will happen) as scheduled under the automated election framework,” Malaluan said.

“Sa tingin natin kung hindi tutugunan ng Miru JV itong demand letter natin sa kanila (We think that if Miru joint venture does not respond to our demand letter to them), we are prepared to exhaust our remedies, including a judicial remedy,” he added.

In a statement on Tuesday, Miru said it delivered 78,338 of the 110,000 Automated Counting Machines (ACMs) for the 2025 polls.

“We are committed to continue extending this transparency and inclusivity as we finish delivering the advanced systems to be used for the upcoming elections,” Miru said.

“We remain committed and ready to provide a successful and advanced electoral system for the upcoming 2025 National and Local elections,” it added.

In a Viber message, Comelec Chairperson George Erwin Garcia told GMA News Online that Miru should be providing the details that R2KRN is asking for.

"All of these should be answered by Miru po. As far as we are concerned, the two remaining partners already submitted the new required NFCC," Garcia said.—Mariel Celine Serquiña/AOL/RF, GMA Integrated News