Saturday, March 15, 2008 Pimentel's plea to void Maguindanao votes in 2007 polls junked
THE Supreme Court (SC) dismissed the petition filed by Genuine Opposition senatorial candidate Aquilino "Koko" Pimentel III seeking to stop the Commission on Elections (Comelec) from canvassing votes from the province of Maguindanao that eventually spelled victory for administration Senator Juan Miguel Zubiri.
The court's decision, however, has not removed all legal obstacles in Zubiri's victory as the Senate Electoral Tribunal (SET) has yet to issue a ruling on the election protest filed by Pimentel questioning the Comelec's proclamation of Zubiri as the 12th winning senator in the May 14, 2007 senatorial race.
The ruling was unanimously concurred in by all justices except for Senior Associate Justice Leonardo Quisumbing and Associate Justices Antonio Carpio and Renato Corona, who did not take part in the ruling, being members of the SET, which is still deliberating on Pimentel's electoral protest.
For failure of the SC to reach a majority of eight votes after the July 13, 2007 oral arguments, Pimentel's application for a temporary restraining order (TRO) to enjoin the National Board of Canvassers (NBC) from proceeding with the canvass of contested votes from Maguindanao was deemed denied.
In a decision penned by Associate Justice Minita Chico-Nazario, the en banc court said Pimentel's allegation that the canvass consisted of supposed manufactured Maguindanao certificates of canvass (COCs) is now subject of the election protest to be resolved by the SET.
The SC ruled that Pimentel's claim of violation of due process deserves scant consideration, appearing that the petition only seemed to be intent in delaying the canvass proceedings before the Comelec en banc, acting as the NBC for the May 2007 senatorial elections and it is constituted Special Provincial Board of Canvassers (SPBOC).
"Grounds which are proper for electoral protests should not be allowed to delay the proclamation of the winners. Pimentel cannot deny that he assails the canvass proceedings because he believes that the annulment and setting aside thereof would result in his winning as the 12th senator; and if he is the rightful winner, then logically and necessarily, Zubiri's proclamation must also be annulled and set aside," the court said.
The court agreed with the arguments of respondents Comelec and Zubiri that Pimentel cannot initiate and pursue a pre-proclamation case before the SPBOC or the NBC.
It pointed out that SPBOC-Maguindanao was created because of the irregularities in the proceedings before the original POBC-Maguindanao, chaired by former provincial election supervisor Lintang Bedol.
The SC also said although Pimentel was not able to propound questions to the election officials involved in the preparation and canvassing of the Maguindanao provincial COC and municipal COCs, he was still able, through his lawyer, to state his observations, manifestations and objections regarding the said certificates, which were duly noted.
"He may not have received the response or action that he wanted with respect to his observations, manifestations and objections, but Pimentel cannot deny that they were heard and presented in the canvass proceedings," the SC said.
The tribunal also pointed out that Pimentel admitted that he did not submit his written observations, and objections as the rules of procedure before the NBC and the local boards of canvass require and that therefore "he cannot now decry that his observations, manifestations, objections were not given due course when he himself failed to comply with the procedure governing the same."
Pimentel, in his June 14, 2007 petition, claimed that the NBC and SPBOC-Maguindanao reduced his vote lead over Zubiri from 133,000 to only 4,000 votes.
He subsequently filed his election protest before the SET, which last August directed the Comelec to safeguard and preserve the integrity of the ballot boxes and their keys, list of voters, as well as other relevant election documents and materials in connection with the senatorial elections.
In his petition to the SC, Pimentel sought to restrain the Comelec from enforcing its assailed orders to "salvaging accountable election documents" and from using any of documents retrieved or received from any election officer or any person in Maguindanao in any canvass or recanvass for senator from that province.
Also named respondent is government bet Zubiri, who places at 13th if the votes cast in Maguindanao will not be counted.
Pimentel said the Comelec exceeded its jurisdiction and committed grave abuse of discretion when it brought members of the commission led by Commissioner Nicodemo Ferrer to a "fishing expedition" in Maguindanao at a very stage where the local officials and congressman in the province have already been proclaimed.
He said the Comelec illegally authorized Ferrer to go to Maguindanao, meet with the various municipal election officers therein, "see" what accountable election documents are in their possession and determine if they can be included in the canvass for senators.
He further claimed that the Comelec is prevented by estoppel from presuming as it did in its assailed order that elections were not held in Maguindanao. The fact that local officials and a congressman were proclaimed in Maguindanao enjoys the presumption of regularity and validity, he said. (ECV/Sunnex)
