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Tuesday, May 18, 2004
Appeal on ruling suspends Cebu tally
By Karen M. Flores
With Jeanette P. Malinao & Lorelie Joy S. Albano, UP Mass Comm intern
CEBU CITY -- The proclamation of winning candidates in the race for governor, vice governor and the Cebu Provincial Board is suspended pending the resolution of the petitions to exclude the certificates of canvass (COCs) from 11 towns and three cities.
Provincial Board of Canvassers (PBOC) Chairman Rogelio Benjamin denied Monday the petitions to set aside the canvassing of 10 of the 14 COCs because the lawyers of both Gwendolyn Garcia and Celestino "Junie" Martinez Jr. failed to present convincing evidence that these were manufactured and prepared under duress.
Since both parties will appeal before the Commission on Elections (Comelec) in Manila, the outcome of the gubernatorial contest will remain hanging for the next week or so.
Comelec 7 Director Salud Aliganga, however, said it is unlikely that there will be no proclaimed winners by June 30, the end of the terms of the current batch of officials.
When the canvassing was suspended last Saturday, Garcia was ahead with 245,172 votes against Martinez's 225,567.
Benjamin also turned down the request of Gregorio Sanchez Jr., who leads in the official tally of votes for vice governor, to be proclaimed the winner.
He told Sanchez's lawyer, Oliveros Kintanar, that the pre-proclamation controversy involves entire COCs from 11 towns and three cities, not individual candidates.
Kintanar contended that Sanchez, as a candidate, is not the subject of any protest and leads fellow Provincial Board Member Julian Daan, who is second in the Comelec tally, by some 80,000.
But Daan said he will not concede despite Sanchez's lead. He will file protests, especially in Bogo town.
For their part, lawyers Jane Petralba, for Martinez, and Pablo John Garcia, for Gwen, said they will appeal before Comelec-Manila the PBOC's decision not to set aside the COCs from Moalboal, San Francisco, Argao, Dumanjug, Tuburan, Tabogon, Oslob, Barili, Boljoon and Medellin.
Benjamin said the Comelec en banc has seven days to resolve the appeals upon their receipt. The en banc decision becomes executory after seven days.
If Comelec fails to act on the appeals by June 30, Republic Act 7166, the Synchronized National and Local Elections Act, provides that the PBOC ruling on the appeals become executory.
In the case of the 10 COCs, the PBOC can then proceed with their canvassing.
Director Aliganga of Comelec 7 said there is no cause for worry because there is enough time to resolve all petitions and appeals both in the levels of the PBOC and the Comelec en banc.
Benjamin will convene the PBOC at 9 a.m. Tuesday to rule on the petitions to exclude the COCs from Bogo and Toledo, Lapu-Lapu and Mandaue Cities.
The bruising battle for Capitol's top post showed how the votes were divided in Cebu's districts.
Gov. Pablo Garcia gathered almost 20 mayors Monday as a sort of "culmination" activity after a rigorous campaign.
The governor informed the mayors that, despite some results still under protest, Gwendolyn's victory is "irreversible."
Pablo said he will form a new group that will be the "nucleus" of a new political party in Cebu.
"We would no longer wait for Manila to say who would be the candidate here. We could stand on our own because we have majority of the mayors," he said.
The last campaign was marred with conflict in the local Lakas party, with President Arroyo choosing not to side with either of the contending groups.
Pablo is Lakas provincial chairman, while Martinez is secretary general. Gwen also granted media interview on Monday for the first time since election day.
"Despite the highly improbable result in the fourth district, the figures show we won the election. The people's will has triumphed and prevailed," she said.
She vowed to help and take care of even towns where she lost. "They are still part of Cebu."
However, in a phone interview, Martinez said that Gwen is just banking on false expectations because the canvassing is not over yet.
"She is pampering herself too much. In the turnout, I'm the winner," said Martinez.
Also Tuesday, Petralba asked that PB Members Joven Mondigo and Jose Ma. Gastardo be proclaimed already since the remaining votes from the uncanvassed COCs from the fourth district are no longer expected to affect their standing.
Benjamin promised that the PBOC will "will go over the canvassed COCs very well" and rule on her request.
Since he is leaving for Manila Tuesday to submit to Congress and Comelec Cebu Province's COCs for the presidential, vice presidential and senatorial race, Provincial Election Supervisor Edwin Cadungog will take over as the new PBOC chairman.
(May 18, 2004 issue)
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