The embattled Commission on Elections (Comelec) has a lot more serious explaining to do.
Already, residents of Samal, Bataan are “up in arms” against this body, after it annulled the proclamation of reelectionist candidate Rolando Tigas as the duly elected municipal mayor of this town in the May 14 local elections in a manner which the Samaleños described as violative of due process,
One of the petitioners, Roseller Navarro (sister of Ombudsman Merceditas Gutierrez), one of the losing candidates for the local elective post, alleged in her petition that during the canvassing of votes, she opposed the inclusion in said canvass of certain election returns which she claimed were tampered or irregular.
For her part, Aida Macalinao, another losing candidate, alleged that all the election returns in all 41 precincts were fake, borne by a pattern of statistical improbabilies on the number of votes she supposedly received.
Navarro claimed that the board of canvassers brushed aside her objections as mere formal defects and due to the fact that the returns were not verbally objected to the chairman of the board at the time the questioned returns were presented for inclusion. Macalinao’s petition suffered the same fate. Their motions for reconsideration were subsequently denied, thus their appeal to the Comelec.
In its decision disposing of the joint appeal of Navarro and Macalinao, the Comelec special first division headed by commissioner Resurreccion Borra with Florentino Tuason and Romeo Brawner as members ruled that when the respondent board proclaimed Tigas, said proclamation is null and void as it was done without the authorization of the Comelec.
The division cited Comelec Resolution no. 7859 promulgated on April 17, 2007 which outlines the procedure in the disposition by the Board of Canvassers of contested election returns and certificates of canvass. Said resolution states that the BOC shall not proclaim any candidate as winner unless authorized by the Comelec after the latter has ruled on the objections brought to it on appeal by the losing party, and that any proclamation made in violation shall be void ab initio “unless the contested returns/certificates will not adversely affect the results of the election.”
Note that Tigas obtained 8,091 votes as against 5,297 of Navarro, 1,099 of Teodorico Albelda, 1,157 of Macalinao, and 1,099 of Teodorico Albelda.
In his answer to Navarro and Macalinao’s petition to the Comelec, Tigas claimed that Navarro never joined Macalinao when the latter made her general opposition to the BOC. He also insisted that petitioners failed to timely make their verbal objection to the election returns as they were about to be canvassed. Without such timely objection, Tigas said the BOC acted well within its powers to canvass said questioned returns.
Contrary to petitioners’ claim that the grounds for the objection were not readily apparent during the early stage of the proceedings, Tigas emphasized that all the grounds (lack of data as to the number of votes cast and number of registered voters, lack of inner paper seal, lack of signatures or thumbmarks, variance in the name of a BEI member in the envelope and in the return, and statistical improbability of some candidates receiving no votes in one precinct) are all readily discernible on the face of the election returns.
He said that while the petitioner’s counsels were in a position to make the appropriate objections at the time the concerned returns were going to be canvassed, they never made any timely verbal objection. Instead, the objections were made belatedly and during the stage when the petitioners already knew from their own tally that they have lost the elections.
But what is most notable about Tigas’ arguments is the fact that it has been duly shown that the contested returns will no longer adversely affect the results of the elections. Tigas has a formidable lead of 2,794 against Navarro and 6,934 lead votes as against Macalinao. He claims that even if the votes garnered by Navarro (668 votes) in the 10 contested returns were credited to her, it is clear that Tigas will still lead Navarro by 1,255 votes.
Comelec Resolution no. 7859 is crystal clear: any proclamation made in violation shall be void ab initio “unless the contested returns/certificates will not adversely affect the results of the election.”
Section 245 of the Omnibus Election Code provides that “any candidate contesting the inclusion or exclusion in the canvass of any election returns shall submit their verbal objections to the chairman of the BOC at the time the questioned returns are presented for inclusion or exclusion, which objections shall be noted in the minutes of the canvassing.”
Section 246 likewise states that “all pre-proclamation controversies shall be heard summarily by the Comelec after due notice and hearing.”
If the claim of Tigas that the Comelec first division ruled on the petition filed by Navarro and Macalinao without due notice and hearing, then the Comelec can still correct its error by reversing its ruling. We would not want to pass judgment as to claims by Samalenos that the Ombudsman Merceditas Gutierrez had a hand in the Comelec resolution because this claim will be very difficult to prove, even if true. But an allegation of a violation of the constitutional right to due process is a serious allegation. If indeed, the canvassing of votes were not marred by irregularities, then the BOC members have a right to dispute the allegations. And if indeed, Tigas was rightfully proclaimed, then Comelec, in annulling the proclamation and frustrating the will of the Samalenos, must correct any injustice committed.
Let us not forget that Samal, the hotbed of insurgency in this country, is never forgiving. Tigas made miracles happen for Samal when he was mayor, bringing in progress when there was none to speak of. Progress has pacified the insurgents. If indeed, the Samalenos voted to have him reelected because he has improved the lives of the residents of this once poor town of Bataan and their will was frustrated, then don’t be surprised if the insurgents come out of their hiding places and summarily correct any injustice, if the Comelec or the courts do not.
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