Appeals court sends back poll automation case to trial court
MANILA, Philippines- The Court of Appeals has sent back to a Makati trial court a government suit that seeks to recover losses from an allegedly fraudulent election automation deal with Mega Pacific e-Solutions, Inc. (MPEI) in 2004.
In a five-page resolution penned by Associate Justice Japar B. Dimaampao, the appellate court affirmed its January 31 ruling, which overturned the lower court’s denial of the government’s confiscation of the contractor’s properties. The Court of Appeals had cited "badges of fraud" that entitled the state to seize the assets.
In its latest resolution, the court took note of MPEI’s contention that it had delivered the automated counting machines to the government.
This should debunk the government claim that it had been defrauded of P1.2 billion as payment for the units, the firm earlier said.
"To our mind, this argument is well taken and in the interest of justice to both parties, we deem it [appropriate] to remand the case back to the [trial] court]," the appellate court said.
It said sending back the case to the trial court would allow the latter to thresh out factual issues and resolve the case fairly and squarely.
In 2004, the Supreme Court voided the contract between the Commission on Elections and MPEI, saying the award had not gone through proper bidding.
As a result, government lawyers demanded the return of the money paid by the state for the machines.
In allowing the proceedings to continue, the appellate court ordered the government to prove that fraud had induced the poll body to give its consent to the automation contract. — Ira P. Pedrasa, - BusinessWorld
In a five-page resolution penned by Associate Justice Japar B. Dimaampao, the appellate court affirmed its January 31 ruling, which overturned the lower court’s denial of the government’s confiscation of the contractor’s properties. The Court of Appeals had cited "badges of fraud" that entitled the state to seize the assets.
In its latest resolution, the court took note of MPEI’s contention that it had delivered the automated counting machines to the government.
This should debunk the government claim that it had been defrauded of P1.2 billion as payment for the units, the firm earlier said.
"To our mind, this argument is well taken and in the interest of justice to both parties, we deem it [appropriate] to remand the case back to the [trial] court]," the appellate court said.
It said sending back the case to the trial court would allow the latter to thresh out factual issues and resolve the case fairly and squarely.
In 2004, the Supreme Court voided the contract between the Commission on Elections and MPEI, saying the award had not gone through proper bidding.
As a result, government lawyers demanded the return of the money paid by the state for the machines.
In allowing the proceedings to continue, the appellate court ordered the government to prove that fraud had induced the poll body to give its consent to the automation contract. — Ira P. Pedrasa, - BusinessWorld
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