MANILA, 29 June 2007 — The Supreme Court yesterday dismissed an opposition senatorial candidate’s request to halt the recanvassing of votes in Maguindanao province.
Voting I12-0, the high court said there was no solid ground to issue a temporary restraining order or TRO, as sought by Aquilino “Koko” Pimentel III, who is fighting for the last of 12 Senate seats at stake in the May 11 midterm election.
Supreme Court spokesman Jose Midas Marquez said, however, that the court has yet to rule on Pimentel’s main petition, which seeks to void a Commission on Elections (Comelec) resolution that authorized a task force to examine the election documents from Maguindanao and to undertake proceedings if there was a failure of elections there.
During the hearing, Associate Justice Cancio Garcia asked Pimentel for concrete proof that the election documents obtained by Task Force Maguindanao were fake as he claimed.
Pimentel admitted that all he had was circumstantial evidence, prompting Garcia to suggest that the Comelec be allowed to proceed with the canvassing of the Maguindanao votes so that a winner could be proclaimed. “You can file a protest with the Senate Electoral Tribunal. No voter will be disenfranchised,” Garcia was quoted by local media as saying.
Pimentel has sought to stop the canvassing of the Maguindanao votes because its inclusion would dislodge him from the Magic 12. Administration candidate Miguel Zubiri, who stands to benefit from the Maguindanao votes, said he was very thankful for the high court’s ruling.
With 195,823 votes for Zubiri and 67,111 for Pimentel in Maguindanao, Zubiri’s nationwide total would be 10,861,888, against 10,746,298 for Pimentel.
Chief Justice Reynato Puno questioned the Comelec about the way it collected and recanvassed the Maguindanao votes and if the poll body will investigate the alleged cheating in that province.
Associate Justice Antonio Nachura also asked Comelec legal department chief Alioden Dalaig if elections actually took place in Maguindanao. Dalaig said elections did take place although he admitted he did not personally witness the voting there.
After the arguments, Puno ordered both parties to submit memorandums containing their arguments and answers to justices’ queries.
In his main case, Pimentel seeks to nullify the Comelec resolution authorizing Task Force Maguindanao to examine the election documents and the June 15 ruling denying Pimentel’s petition seeking the declaration of a failure of election in Maguindanao. (With a report from Inquirer News Service)
