SC stops Koko Pimentel's petition vs Comelec canvass

MANILA, Philippines - The Supreme Court on Friday dismissed the petition filed by Genuine Opposition senatorial candidate Aquilino "Koko" Pimentel III seeking to stop the Commission on Elections from canvassing votes from the province of Maguindanao. The votes from Maguindanao spelled victory for administration bet Juan Miguel Zubiri in the 2007 elections. The Court's decision did not remove legal obstacles in Zubiri's victory as the Senate Electoral Tribunal is yet to issue a ruling on the poll protest filed by Pimentel questioning the Comelec's proclamation of Zubiri. The ruling was concurred by other justices except for Senior Associate Justice Leonardo Quisumbing, Associate Justices Antonio Carpio and Renato Corona, who did not take part in the ruling, being members of the SET, which is still deliberating on Pimentel's electoral protest. For failure of the high court to reach a majority of eight votes after the July 13, 2007, oral arguments, Pimentel's application for a temporary restraining order to enjoin the National Board of Canvassers from proceeding with the canvass of contested votes from Maguindanao was deemed denied. In a 40-page decision penned by Associate Justice Minita Chico-Nazario, the court said Pimentel's allegation is now subject of the election protest that will be resolved by the SET. The Court ruled that Pimentel's claim of violation of due process deserves scant consideration. "Grounds which are proper for electoral protests should not be allowed to delay the proclamation of the winners," the court said. The court agreed with Comelec and Zubiri that Pimentel cannot initiate and pursue a pre-proclamation case. The SC also said that although Pimentel was not able to propound questions to the election officials involved in the preparation and canvassing of the Maguindanao certificates of canvass, he was still able, through his counsel, to state his observations, manifestations and objections regarding the certificates,which were duly noted. "He may not have received the response or action that he wanted with respect to his observations, manifestations and objections, but Pimentel cannot deny that they were heard and presented in the canvass proceedings," the court said. The tribunal also said Pimentel admitted that he did not submit his written observations and objections as required and therefore "he cannot now decry that his observations, manifestations, objections were not given due course when he himself failed to comply with the procedure governing the same." Pimentel, in his June 14, 2007, petition, claimed that the canvassers his lead over Zubiri from 133,000 to only 4,000 votes. He subsequently filed his election protest before the SET, which last August directed the Comelec to safeguard and preserve the integrity of the ballot boxes and their keys, list of voters, and other documents in connection with the senatorial elections. In his 44-page petition to the high court, Pimentel sought to restrain the Comelec from enforcing its assailed orders to "salvaging accountable election documents" and from using any of documents retrieved or received from any election officer or any person in Maguindanao in any canvass or recanvass for senator from that province. - GMANews.TV