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Sunday, July 08, 2007
3 missing election returns delay Bogo canvass
By Minerva B. Gerodias
* As of Saturday’s canvassing, former PB member Benhur Salimbangon leads the race with 345 votes
* Poll official can’t say if 3 ERs were the same as those reported missing last June
*Clavel laments delay in resolving petition to count stray ballots in Tining’s favor
INTRAMUROS, Manila – The waiting continues.
With three election returns (ERs) from Bogo unaccounted for, winners in the race for Congress and Provincial Board seats of the fourth district still could not be determined yet.
During Saturday’s resumption of canvassing of votes, the special board of canvassers headed by lawyer Eddie Aba had to call a recess after finding that three of the 196 Bogo ERs have not been canvassed and are unaccounted for.
Pinoy Votes: Sun.Star Election 2007 Coverage
View here the list of local winners
Aba, however, could not say if the three ERS were the same returns that were reported missing last June. The board also could not determine what precincts the missing ERs were from.
The board agreed on the break to trace what ERs are missing after the camp of congressional bet Celestino “Tining” Martinez III insisted that the three Bogo ERs had to be canvassed as the number of votes in those ERs is “very material” to the final results.
Martinez’s lawyers estimate that each ER contains the number of votes of at least 200 voters.
As of Saturday, Martinez’s rival Benhur Salimbangon enjoyed a lead of 345 votes.
Including the initial votes from Bogo and the votes they got from eight other towns of the fourth district, Salimbangon now has 67,147 votes against Martinez’s 66,802.
Aba said they will immediately reconvene as soon as they can locate the three missing ERs.
Early on, Martinez’s camp objected to the use of the copies from the Cebu-Citizen Movement in Maturation and People’s Empowerment and Liberation (C-Cimpel) in proceeding with the canvassing of the remaining 15 ERs.
The objections, however, were overruled.
The 15 ERs that are for the municipal board of canvassers have been declared spurious and manufactured by the Commission on Elections (Comelec) second division.
Borra has also ordered the Provincial Board of Canvassers to reconvene and proclaim the winners but they have to wait for the special board of canvassers to finish with the Bogo canvassing.
At the start of the proceedings, Martinez’s lawyers questioned the existence of two July 5 orders that Commissioner Ressurrecion Borra issued.
One order instructed the special board of canvassers to reconvene and canvass the 15 Bogo ERs using any authentic copy while the other order states that the board should use the copy for the commission.
Martinez’s camp, however, wants the board to use the copies for the Comelec which are still in Bogo until now.
But Aba insisted that the memorandum that states “any authentic copy” is the original and even bet his lawyer’s license on it.
Martinez was represented by dela Cerna, Achilles Cañete, Merari Dadula, his brother Carlo Martinez, and his mother, former congresswoman Clavel Asas-Martinez.
Those who represented Salimbangon were Sixto Brillantes and Joji Decal.
Also during the proceedings, arguments became heated that Brillantes got emotional.
Brillantes told dela Cerna if he “wants something out of this” and invited him outside the canvassing area.
Dela Cerna replied that he will be “glad to engage him,” prompting Aba to order the guards to move the lawyers farther from the board then proceeded with the canvassing.
“No more manifestations. Any manifestation will be considered a dilatory tactic by the board and I will not hesitate to have you arrested,” Aba said.
Also among the questions raised Saturday were the figures in the statement of votes (SOV) with serial number 0004593.
The SOV shows Martinez got 2,294 but in the records that his lawyers have, he got 2,734 votes.
They also questioned that there were entries that have “superimpositions” but in the end, the board ruled that the figures in the SOV are the final results.
Clavel said the Comelec is obviously “railroading” the proceedings for Salimbangon.
She even commented that the commission ruled on the authenticity of the ERs without actually comparing it with the other ERs and just based their resolution on photocopies.
Dadula also pointed out that when the commission ruled on the authenticity of the ERs, they have already encroached on the functions of the House of Representatives Electoral Tribunal.
Clavel also pointed out that with the disqualification of Edilito Martinez who also ran for congressman of the fourth district, they asked the Comelec to tally the stray ballots but have not received any feedback until now.
Ballots that only contain the name Martinez for congress in the fourth district have been considered stray because Edilito was still a candidate on election day.
The Comelec only disqualified him last June 12.
“I have been very disappointed from the start,” Clavel said.For more Philippine news, visit Sun.Star Zamboanga. (July 8, 2007 issue)
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