|
Tuesday, June 29, 2004
Protests dumped; Cebu guv known Tuesday
By Jeanette P. Malinao
CEBU CITY -- Cebu might have a new governor before the day ends.
The Provincial Board of Canvassers (PBOC) will resume at 9 a.m. Tuesday the official canvassing for the provincial elections, and will immediately proclaim winners.
This after the Commission on Elections (Comelec) First Division denied for lack of merit all appeals of gubernatorial candidates Gwendolyn Garcia and Celestino "Junie" Martinez Jr.
The canvassing was stalled since May 16 after both camps appealed the PBOC's decision not to exclude from the tally the protested votes from 11 towns and three cities.
The term of the incumbent local elective officials ends Wednesday.
Gov. Pablo Garcia said winners of the provincial elections might be able to join Cebu City officials in the oathtaking before President Arroyo when she comes here Wednesday for her inauguration.
The lawyer of Martinez, though, is ready to stop the canvassing. Jane Petralba also warned that they will "not validate today's proceedings by being there."
Governor Garcia, father of Gwendolyn, called up Provincial Election Supervisor Edwin Cadungog Monday afternoon because he wanted the canvassing to resume that night.
Cadungog refused because he has to give ample time for all parties to be notified.
Cadungog, who answered the call in front of reporters, said he is only doing his job and has no special interest in the case.
The PBOC is set to transfer the temporarily tallied votes from contested certificates of canvass (COCs) to the official canvass. The last count had Gwendolyn leading the race.
But Martinez's camp will question Tuesday's proceedings, which will be transferred to the General Services Office in the building housing the Department of Education provincial office, beside the Capitol building. (The Capitol social hall cannot be used because of the preparations for President Arroyo's inauguration.)
Petralba said Cadungog will be violating Comelec Rules 18 and 19, which provide that they be given five days to act on "special actions" of the Comelec such as this one.
"Why the haste? I doubt the legality of today's proceedings if they proceed," said Petralba, who has yet to get a copy of the order.
Also, she said the order has not yet been "officially released" because they have yet to get a notice of promulgation, as provided by the rules.
Cadungog had cited Section 16 of the Omnibus Election Code, which considers all pre-proclamation terminated on June 30, so a motion for reconsideration will be useless.
He sent notices to all parties that the PBOC will reconvene today, after he received a copy of the order affirming the PBOC's decisions on all pre-proclamation protests filed by both parties.
Commissioners Rufino Javier and Resurreccion Borra signed the order.
The Comelec First Division, in its order, cited that:
* It found no basis to reverse the ruling of the PBOC;
* It found that all contested COCs are regular and authentic and did not suffer from any serious infirmities affecting their integrity;
* The grounds being invoked by the parties do not justify the exclusion of the contested COCs in the canvassing; and
* The objections were technical and do not necessarily invalidate the COCs.
Cadungog had been wary of the procedures mandating seven days for the aggrieved party to file a motion for reconsideration, but he called up Commissioner Resurrecion Borra, who gave him the go signal to proceed with today's canvassing.
Borra, according to Cadungog, believes it "awkward" to implement the seven-day procedure considering that the current term will expire tomorrow.
"Pre-proclamation cases must be treated with expediency, and must be resolved before the start of the new term," said Cadungog, adding that Borra also told him that "time is of the essence."
Besides, Tuesday's proclamation of winners will not prejudice the filing of an election protest by the aggrieved party, he added.
Cadungog also secured authority to transfer the venue of canvassing, which is provided for in the General Instructions Manual for the May 10, 2004 polls.
Governor Garcia, in an interview yesterday, also said it was he who drafted the section in the Omnibus Election Code that considers all pre-proclamation controversies terminated on June 30.
A motion for reconsideration could no longer prevent the resumption of the provincial canvassing, he said.
Cadungog said a similar situation happened in the then municipality of Talisay in 1995 when he proclaimed Dehlia Tiu as mayor.
Tiu's rival sued Cadungog but the case was dismissed.
But Martinez's lawyer Petralba said they intend to avail of their right to file a motion for reconsideration, but that they could not do it without getting a copy of the decision.
They also have the option to file a certiorari either before the Supreme Court or the Comelec, which, "in aid of its appellate jurisdiction, can also issue a writ of certiorari and prohibition."
(June 29, 2004 issue)
Write letter to the editor.Click here.
Join the Sun.Star message board.Click here. |
|
|
|
[return to top]
[home]
|
|
