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Thursday, May 27, 2004
Congress fails to agree on canvassing rules
* Debates continue in joint session over canvassing rules
* Expansion of canvassing committee's membership from 14 to 30 sought
* Bernas said creation of committee is not unconstitutional
ALTHOUGH the canvassing of votes for president and vice president has yet to begin, the Senate is confident that Congress would finish the process within the first week of June while the proclamation of the new top two leaders of the country will take place by the middle of the month.
Senate President Franklin Drilon made the forecast even if Congress had not yet reached a consensus as of press time on whether to adopt or amend the proposed canvassing rules.
Opposition Sen. Aquilino Pimentel Jr., meanwhile, assured that the minority would cooperate with the majority in the canvassing of votes for president and vice president.
The actual canvassing of votes has not yet started because the opposition objected to the creation of a 14-man team to do the canvassing.
The opposition has maintained that the 1987 Constitution mandates that Congress as a whole should do the canvassing and not a smaller body composed of seven senators and seven congressmen.
Administration and opposition legislators however agreed to start the canvassing Thursday. A vote on the rules was set Wednesday night.
During the joint session of Congress which started at 3:20 pm Wednesday, Sen. Joker Arroyo said the opposition's plan to file a suit and seek a restraining order from the Supreme Court (SC) to stop the canvassing will not hold water because it involves congressional procedures.
Under the principle of separation of powers, the court cannot interfere in matters involving the legislature.
Arroyo also said it will take Congress three months and a half to complete the canvassing if each congressman and senator would be allowed one minute each to scan and over the 173 certificates of canvass (COCs) one after the other.
He batted for the creation of the canvassing committee, which was done in the 1992 and 1998 elections.
Rep. Francis Escudero of Sorsogon said if there were legal precedence, how come the rules implemented in previous elections were not formalized because it was done, there would not have any controversy in the first place.
Escudero nevertheless proposed expanding the membership of the canvassing committee from 14 to 30.
House Speaker Jose de Venecia said in a television interview that they are flexible on the matter.
On the other hand, Constitutionalist Joaquin Bernas said in a separate television interview that the creation of a committee to speed up the canvassing is not constitutional.
But the results of the canvassing should be approved by Congress in plenary.
Meanwhile, Drilon said "by the first week of June, we hope to finish the canvass. I am still looking at a mid-June proclamation," Drilon said.
He expressed optimism that the majority members of both Houses would adopt the rules because it is the same rules used in the 1992 and 1998 presidential elections.
Pimentel said "we will cooperate with the majority in making this canvassing process as orderly as possible."
He assured that the opposition would not also tolerate any delay in proclaiming the winning candidates.
Meanwhile, he called on the leadership of Congress to act immediately on the fraud complaints especially if there were enough evidence.
"If there is glaring evidence of fraud, we will not allow it to be ignored and swept under the rug. Let the evidence be presented and considered because we are all interested in truth," Pimentel said.
But based on rules, complaints of election anomalies should be automatically set aside and put under the jurisdiction of the presidential electoral tribunal, which is the Supreme Court (SC).
Senate President Franklin Drilon said it is the duty of the electoral tribunal to resolve election cases while Congress would just canvass the votes.
Meanwhile, Presidential spokesman Ignacio Bunye called on the public to remain vigilant and united under the democratic process, saying it is just a matter of time before the winners of the May 10 elections are announced.
"The debates in Congress must not bring uncertainty, but greater confidence that democracy will prevail in the end. The President continues to pray for unity and reconciliation. Let us prepare to celebrate the triumph of freedom and suffrage," he said.
Malacanang warned alleged destabilizers against sowing chaos or they face the full force of the law.
"The authorities have already identified the principals in these desperate and futile moves to destabilize the government. They are best warned to abandon their sinister plans or face the full force of the law," presidential spokesman Ignacio Bunye said.
Bunye said the loyalty of the Armed Forces and PNP remains "firm and absolute" and are on top of the situation.
"We call upon our people not to allow themselves to be exploited by these losers and desperadoes," he said.
Deputy presidential spokesman Ricardo Saludo said government will not tolerate actions against public order especially at a time when the country is in the midst of "a very crucial political exercise."
He told them not to pass around text messages regarding destabilization that only add to confusion.
Saludo said Malacañang will leave to the PNP the investigation of Sen. Gringo Honasan, who has again been tagged as part of a fresh destabilization attempt.
"This is a matter that we will normally just leave with the security authorities to handle because they are the ones closer to the evidence and the situation on the ground," he said.
He said the Palace is expecting Honasan to do his duty in the canvassing of votes for the presidential and vice presidential contest.
He also told televangelist Bro. Eddie Villanueva and Fr. Joe Dizon, head of the anti-electoral fraud group Patriots to take their allegations of fraud to the proper forum, which is the Comelec.
Villanueva said he has a video of massive cheating in the absentee voting process in Hong Kong where even the consuls were used for cheating.
"That should make for interesting viewing. At the same time, if he (Villanueva) really wants to make a case out of this, he knows where to file it," he added. Sunnex Luzon/JPM/JMR
(May 27, 2004 issue)
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