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By William B. Depasupil, Reporter
THE Supreme Court gave administration Sen.
Juan Miguel Zubiri an other round of victory in his electoral battle
with losing opposition senatorial candidate Aquilino “Koko”
Pimentel 3rd.
In a 40-page decision, the High Court, through
Associate Justice Minita Chico-Nazario, on Friday decided to dismiss
Pimentel’s pre-proclamation protest, saying that the case should
now be settled before the Senate Electoral Tribunal (SET).
“In accordance with this Court’s rulings,
Pimentel’s petition must be dismissed, for his recourse lies, not
with this Court, but with the SET.” the High Court said.
The Commission on Elections proclaimed
Zubiri as the 12th senator-elect in the May 14, 2007 elections on
July 14, 2007. He formally assumed office on July 16, 2007.
Then Poll body Chairman Benjamin Abalos
Sr. proclaimed Zubiri who garnered 11,004,099 votes, winning by
19,292 votes against Pimentel who received a total of 10,984,807
votes.
Pimentel had earlier filed a temporary
restraining order to stop the proclamation of Zubiri. But this was
denied after the High Court’s oral argument on the matter ended in
a 7-7 deadlock. A first petition had been withdrawn by Pimentel to
enable him, Abalos said, to pursue some other legal remedies
before the Comelec without violating the rules on forum-shopping.
Pimentel also filed an electoral protest last
year before the Senate tribunal, which in turn, directed the Comelec
to safeguard and preserve all relevant election documents and
materials related to the case.
No violation of due process
The Court, in its decision. said
Pimentel’s claim of violation of due process deserves scant
consideration.
“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 and Provinciial Certificates of
Canvass, he was still able, through his counsel, to state his
observations, manifestations and objections regarding the said
certificates,which were duly noted,” the decision stated.
The High Court also pointed out that Pimentel
admitted that he did not submit his written observations, and
objections as the rules of procedure before the National Board of
Canvassers and the local boards of canvass require and that
therefore “he (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.
Sen. Aquilino Pimentel, the father of Koko,
noted that Zubiri came out on top in Maguindanao with 195,000 votes
after Team Unity bet Luis “Chavit” Singson conceded. Before
Singson conceded, he was reported to have gotten 196,000 votes from
that province.
Maguindanao is where controversial poll officer
Lintang Bedol was assigned before a warrant of arrest was issued
against him for various offenses. He remains at large.
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