SC junks Koko poll protest on Maguindanao vote

MANILA, Philippines – Defeated senatorial candidate Aquilino Pimentel III will have to file a protest before the Senate Electoral Tribunal (SET) to be able to continue questioning the alleged manufactured certificates of canvass from the province of Maguindanao.

The Supreme Court dismissed yesterday Pimentel’s petition assailing the validity of the Maguindanao votes and told him to file a protest before the SET.

In the 40-page decision written by Associate Justice Minita Chico-Nazario, the Tribunal said the case is now a controversy which the SET must settle since Juan Miguel Zubiri has already assumed office as senator after being proclaimed winner by the Commission on Elections.

“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,” read the decision.

“The Court pointed out that the resolution of the issues raised by Pimentel as to the irregularities and suspicious circumstances surrounding the Maguindanao MCOCs (Municipal Certificates of Canvass) which appear prima facie regular on their face, compels or necessitates the piercing of the veil of the MCOCs.

“These issues, however, are more appropriate in a regular election protest, wherein the parties may litigate all the legal and factual issues raised by them in as much detail as they may deem necessary or appropriate.”

The Court rejected Pimentel’s assertion that his right to due process had been violated when the Special Board of Canvassers for Maguindanao and the National Board of Canvassers disallowed his counsel’s attempts to question the election officials involved in the preparation and canvassing of the contested MCOCs.

“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,” read the decision.

“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 these were heard and presented in the canvass proceedings.”

The Court said Pimentel cannot decry that his observations, manifestations, and objections were not given due course when he himself failed to comply with the rules of procedure of the National Board of Canvassers and the local boards of canvass.

Pimentel has the burden of establishing that the Maguindanao MCOCs are manufactured and that it is evident on their face, the Court added.

Pimentel’s insistence on being allowed to propound questions to the canvassing officials “reveals that although he has his suspicions, he has yet no actual evidence that the Maguindanao MCOCs were indeed manufactured,” the Tribunal said.

Associate Justices Leonardo Quisumbing, Antonio Carpio and Renato Corona, who are SET members, took no part in the deliberation and promulgation of the decision.

Zubiri said the SC decision “finally puts to a close” any question with regard to the legality of his proclamation as senator.

“Though there is still a pending protest in the Senate Electoral Tribunal, and we were cautioned not to discuss our opinions on the case,” he said.

“Nevertheless this protest shall not distract me from the performance of my duties and responsibilities. The Supreme Court decision inspires me to work harder as a duly elected senator of the country.” – Mike Frialde, Aurea Calica