G.R. No. 257821 - Mendaros vs. Lazada E-Services Phil., Inc.

Petitioners Smartmatic TIM Corporation and Smartmatic Philippines, Inc. (collectively "Smartmatic") were the service providers for the Automated Election System (AES) in the 2010, 2013, 2016, 2019, and 2022 National and Local Elections (NLE).
On February 22, 2023, the Commission on Elections (COMELEC) invited Smartmatic to an Election Summit for the preparations of the 2025 NLE; Smartmatic also attended a subsequent Procurement Summit.
On October 27, 2023, the COMELEC published an Invitation to Bid for the lease of the Full Automation System with Transparency Audit/Count (FASTrAC) for 2025 NLE.
Smartmatic purchased bidding documents on October 30, 2023. A related entity, SMMT-TIM 2016, Inc., attended the Pre-Bid Conference on November 13, 2023.

Private respondents Eliseo Mijares Rio, Jr., Augusto Cadelina Lagman, Franklin Fayloga Ysaac, and Leonardo Olivera OdoAo filed petitions before the COMELEC alleging: (a) premature transmission of precinct results; (b) possible cloning of vote counting machine transmissions due to identical IP addresses; and (c) violations of their contract related to contact with a presidential candidate during the 2022 NLE.
They prayed for the review of Smartmatic’s qualifications and sought disqualification or ineligibility to participate in 2025 AES procurement if irregularities were not satisfactorily explained.

The COMELEC Law Department reviewed the petition and recommended no legal basis to prohibit Smartmatic from bidding.
On November 29, 2023, the COMELEC En Banc resolved to disqualify Smartmatic Philippines, Inc. from participating in any public bidding for elections, citing its constitutional mandate to preserve electoral integrity.
The disqualification was based not on the petitioners’ allegations directly but on the United States Department of Justice (US DOJ) investigation and criminal complaint against former COMELEC Chairperson Juan Andres D. Bautista for alleged bribery related to election machine contracts involving Smartmatic.
The COMELEC En Banc rejected allegations of irregularities during the 2022 NLE, finding that no such irregularities were proven.
The matter was referred to the COMELEC Special Bids and Awards Committee (SBAC) for possible permanent disqualification and blacklisting of Smartmatic.

Smartmatic assailed the disqualification alleging grave abuse of discretion, lack of jurisdiction, procedural irregularities, and failure to comply with the Government Procurement Reform Act (GPRA) and its Implementing Rules and Regulations (IRR).
It argued that the COMELEC improperly disqualified Smartmatic before the procurement process began, and that the disqualification improperly relied on foreign criminal investigations unrelated to the bidding process.
Smartmatic sought temporary restraining orders (TRO), writs of preliminary injunction, and status quo ante orders to enjoin the COMELEC and SBAC’s actions.

The COMELEC refused to accept related entities of Smartmatic’s bids and declared failure of bidding, then reset the bidding date.
The COMELEC later awarded the 2025 FASTrAC Contract to Miru Systems Co. Ltd., Integrated Computer Systems, and others after the bidding and post-qualification processes.
Multiple motions, manifestations, and comments were filed by the parties, with challenges raised over procedural and substantive grounds.
The Supreme Court entertained the Petition for certiorari directly due to issues of constitutional and public importance and urgency.

Whether the COMELEC En Banc gravely abused its discretion amounting to lack or excess of jurisdiction in disqualifying Smartmatic from participating in any public bidding for elections without compliance with the Government Procurement Reform Act and its 2016 Revised Implementing Rules and Regulations.

Whether the COMELEC may set aside the procedures prescribed by the GPRA due to its constitutional mandate to enforce and administer laws relative to elections.

Whether Smartmatic’s failure to file a motion for reconsideration before the COMELEC En Banc is fatal to its petition.

Whether the Supreme Court should grant the issuance of a temporary restraining order, writ of preliminary injunction, or status quo ante order to restrain the effects of the COMELEC’s disqualification of Smartmatic.