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By William B. Depasupil, Reporter
The Supreme Court has ruled with finality to
dismiss a petition by Aquilino “Koko” Pimentel 3rd against the
proclamation of Juan Miguel Zubiri as senator after the last
national elections in May 2007.
Pimentel and Zubiri were contenders for the 12th
and last slot in the Senate race. The Commission on Elections (Comelec)
proclaimed Zubiri as the winner on July 14, 2007, with Pimentel
in 13th place and about 19,000 votes behind. Zuribi formally assumed
office on July 16, 2007.
Pimentel argued that Zubiri should not have been
proclaimed, because he has a pending election protest on the outcome
of the counting. Instead, Pimentel wanted the last slot to remain
vacant until the Senate Electoral Tribunal rules on the protest.
The Tribunal has yet to finish hearing the
election protest.
The Supreme Court decision on Friday came
following an en banc resolution to “deny with finality” the
motion for reconsideration filed by Pimentel on April 9, 2008, in
relation to the court’s March 13, 2008, decision on the case
challenging the proclamation of Zubiri.
In ruling with finality, the court said, “The
basic issues raised therein have been passed upon by this Court, and
no substantial arguments were presented to warrant the reversal of
the questioned decision.”
In a 40-page decision in March written by
Associate Justice Minita Chico-Nazario, the court dismissed
Pimentel’s pre-proclamation protest, saying the case should be
settled before the Senate Electoral Tribunal.
Earlier attempts
Pimentel earlier filed a temporary restraining
order to stop Zubiri’s proclamation but was denied after the
Supreme Court oral arguments ended in a 7-7 deadlock. The first
petition had been withdrawn by Pimentel to enable him, he said,
to pursue other legal remedies before the Comelec without violating
the rules on forum-shopping.
He also filed an electoral protest last year
before the Senate Electoral Tribunal, which directed the Comelec
to safeguard and preserve all relevant election documents and
materials related to the case.
Associate Justices Leonardo Quisumbing, Antonio
Carpio and Renato Corona took no part in the Supreme Court decision
on Friday, saying they are members of the Senate Electoral Tribunal.
The court decided that Pimentel’s claim of
violation of due process deserves only little consideration.
“As a final observation on the matter of due
process, this Court notes that although Pimentel was not able to
propound questions to the election officials involved in the
preparation and canvassing of the Maguindanao Municipal Certificates
of Canvass [MCOC] and Provincial Certificates of Canvass [PCOC], he
was still able, through his counsel, to state his observations,
manifestations and objections regarding the said 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,” according to the Supreme
Court.
The High Court also pointed out that Pimentel
admitted that he did not submit his written observations and
objections as required by the National Board of Canvassers and the
local boards of canvassers. The court added that Pimentel “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 had filed the petition to nullify the
canvassing by the Comelec, sitting as National Board of Canvassers,
of the Maguindanao votes.
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