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Without TRO, Zubiri proclaimed 12th senator on Saturday


Team Unity senatorial candidate Juan Miguel Zubiri will be proclaimed the 12th winning senator on Saturday unless a temporary restraining order is issued by Friday afternoon, a Commission on Elections official said. "If it is clear by Friday afternoon that there will be no TRO, we can push through with the proclamation this Saturday," Comelec spokesman James Jimenez said Thursday. "We will proceed if no TRO will be issued," said Jimenez, adding that invitations for the proclamation could be easily sent out by afternoon Friday. He noted that Comelec personnel will go to work even on Saturdays. The Supreme Court on Friday morning will hear oral arguments on the motion by Genuine Opposition bet Aquilino “Koko" Pimentel III that they be given a chance to substantiate their claim there was cheating in Maguindanao province. Pimentel had the lead on the 12th and last Senate slot but it was wiped out when votes from Maguindanao, where TU recorded a controversial 12-0 sweep, were canvassed. On Tuesday, Comelec flip-flopped on the proclamation of Zubiri, retracting an earlier announcement that day to proclaim the administration senatorial bet. Comelec chairman Benjamin Abalos had then said that the National Board of Canvassers would still need to compute votes from Bais, Negros Oriental but less than 10 minutes later, he said Zubiri’s proclamation would take place because a local candidate's petition to declare a failure of elections was dismissed. At about 3 p.m., Jimenez called for a press conference and announced that the proclamation would be held at 10 a.m. Wednesday. Before the briefing was over, however, Jimenez conferred with his staff and said the hearing would be held at 2 p.m. instead on the same day. Shortly before 4 p.m., Abalos said it was postponing Zubiri's oathtaking. Abalos said the poll body decided to reschedule – for the second time in the same day – Zubiri's proclamation after receiving a notice that the Supreme Court has set oral arguments on the petition of opposition bet Aquilino "Koko" Pimentel III. "We deferred the proclamation as judicial courtesy because of an order by the SC ... That would render the proclamation academic. Let's wait for the action of the SC," Abalos said in a phone interview. Based on the latest tally of the National Board of Canvassers, Zubiri was still leading. In a tally provided by Jimenez, Zubiri will lead by 18,372 votes over Pimentel. The expected votes to be obtained by Zubiri is 11,001,730 which includes 10,974,477 votes he received based on Comelec Report 29; as well as 13,381 votes in Bais; 12,656 votes in Bogo, Cebu; and 1,216 votes in Pagalungan, Maguindanao. Pimentel, meanwhile, is expected to get 10,983,358 total votes, which includes 10,972,711 based on Report 29; as well as 5,473 votes in Bais; 4,434 votes in Bogo, Cebu; and 740 in Pagalungan, Maguindanao. Jimenez said the yet to be canvassed votes from Tandubas, Tawi-tawi (270 registered voters); Pantar, Lanao del Norte (9,286); and missing election returns from five precinct in Bogo, Cebu (893) will no longer affect the ranking of Zubiri. Of the recanvassed votes in the controversy-marred Maguindanao polls, Zubiri received 195,823 votes while Pimentel got 67,111. Adding these to the votes they received from Pagalungan, the administration bet will enjoy a 129,188 lead over the opposition candidate once all the results are made official on the Comelec bulletin. If the Maguindanao votes will not be included in the tally, Pimentel will be on the Magic 12 with 110,861 lead over Zubiri. The Comelec has proclaimed the winners of 11 of 12 contested Senate seats. Elected to six-year terms, they will join 11 incumbent senators. -GMANews.TV

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