SC rules in favor of SET, Comelec in case filed by Tolentino听听听
THE COUNTRY鈥橲听Highest Court has affirmed the Senate Electoral Tribunal (SET) and the Commission on Elections鈥櫶(Comelec) denial of the petition of Senator Francis N. Tolentino to refund听a听P3.3-million payment听relating to听his 2016 poll protest against another senator.听听
In its decision dated May 11 and made public on July 25, the Supreme Court (SC) held that the SET acted within听its authority听鈥渨hen it desisted to rule on the issue concerning the alleged invalidity or unconstitutionality of Section 6.9 of the AES (Automated Election System) Contracts.鈥澨听
In 2016, the SET asked Mr. Tolentino to pay听Comelec听P3.3 million to cover the cost for the retention of custody and possession of 151 vote counting machines, six laptops, Secure Digital cards, and other materials beyond Dec. 2016 for Mr. Tolentino鈥檚 electoral protest against Senator Leila M. de Lima.听听
Mr. Tolentino eventually withdrew the protest he filed to focus on his new senatorial campaign in 2019.听听
The equipment听were听rented by the听Comelec听from Smartmatic through an AES contract which states under Section 6.9 that听鈥(a)ll听Goods still in the possession of听Comelec听as of 01 December 2016 because of any election contest or audit requirement shall be considered sold to听Comelec.鈥澨听
The SC also explained that the听poll body听cannot use its own funds to pay for the cost听in question听because under the Government Auditing Code of the Philippines,听鈥(g)overnment听funds or property shall be spent or used solely for public purposes.鈥澨鈥斕鼴ianca Angelica D.听A帽ago听听
