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Zubiri proclamation as 12th senator put off

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Wednesday, July 11, 2007
Zubiri proclamation as 12th senator put off

MANILA -- The Commission on Elections (Comelec) deferred the proclamation of Team Unity (TU) senatorial candidate Juan Miguel Zubiri for the 12th or one remaining Senate seat.

Comelec spokesman James Jimenez said they received a notice from the Supreme Court (SC) ordering them to postpone the proclamation of Zubiri due to the upcoming oral arguments on the petition filed by Genuine Opposition (GO) senatorial candidate Aquilino "Koko" Pimentel III.

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He added that the high tribunal believes that if the commission proceeded in proclaiming Zubiri despite the scheduled oral arguments on Friday, the court discussion will be rendered fruitless.

Comelec Chairman Benjamin Abalos Sr., emerging from an en banc meeting Tuesday, announced they have decided they would proclaim Zubiri as winner after tallying the contested votes from Bais, Negros Oriental and after establishing that there was no failure of elections there.

Last Monday's canvassing showed Zubiri's lead over Pimentel at 17,692 after Zuribi got 13,381 votes in Bais; 12,656 votes in Bogo (Cebu); and 1,216 votes in Pagalungan while Pimentel got 5,473 votes in Bais; 4,434 in Bogo; and 740 votes in Pagalungan.

Zubiri now has a total of 11,001,050 votes while Pimentel has 10,983,358.

Only the COC from Pantar, Lanao del Sur has not been canvassed.

At the SC, Pimentel failed to convince the high court to stop Comelec from proclaiming Zubiri.

The high court, however, scheduled on Friday another round of oral arguments to hear Pimentel's petition seeking to stop Comelec, sitting as the National Board of Canvassers, from proclaiming Zubiri. The SC also directed Comelec to postpone Zubiri's proclamation in light of the scheduled oral arguments.

The oral argument was meant to resolve Pimentel's prayer for the issuance of a temporary restraining order and/or status quo ante order.

The high court likewise ordered the Comelec en banc and the Special Provincial Board of Canvassers (SPBOC) to directly submit by personal service their respective comments on the petition not later than 3 p.m. of July 12.

Asked why the SC did not just issue a TRO outright, SC spokesman Attorney Jose Midas Marquez said this was because the court wanted to hear both sides. "The court wants to be certain that the issuance of the TRO" is necessary, he added.

In his 40-page petition, Pimentel, through his lawyer Leila de Lima, also asked the SC to nullify for being unconstitutional and illegal the proceedings of the NBOC for including in the national canvass of votes for senators the result from Maguindanao.

Pimentel also sought the setting aside of the new canvassing conducted by the special provincial board of canvassers on collected municipal certificates of canvass resulting in the preparation of a new provincial certificate of canvass (PCOC) for Maguindanao.

He likewise asked the court to compel the national and special provincial boards to determine first the authenticity of the certificates and to allow him to substantiate his claim of manufactured results and to raise questions to poll officers concerned.

Pimentel argued he was denied his right to due process when he was disallowed from raising questions about the COCs from Maguindanao. (MSN/ECV/Sunnex)

For more Philippine news, visit Sun.Star Bacolod.

(July 11, 2007 issue)
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