Opposition disputes final senatorial rankings

The opposition challenged yesterday the legality of a Commission on Elections (Comelec) resolution declaring as "official" the June 5 proclamation of the 13 senators who won in the last local and congressional elections.

Puwersa ng Masa (PnM) legal counsel Rufus Rodriguez said Comelec en banc Resolution No. NBC 01-006 should be voided because it was unconstitutional and violated the Comelec’s own Rules of Procedure.

The resolution ranked the 13 winning senators as Noli de Castro (1st), Juan Flavier (2nd), Sergio Osmeña III (3rd), Franklin Drilon (4th), Joker Arroyo (5th), Ramon Magsaysay Jr. (6th), Manuel Villar (7th), Francis Pangilinan (8th), Edgardo Angara (9th), Panfilo Lacson (10th), Luisa Ejercito (11th), Ralph Recto (12th), and Gregorio Honasan (13th).

The proclamation means Honasan would only be serving the remaining three years of the term of former Sen. Teofisto Guingona, who was named vice president after President Arroyo succeeded to the presidency.

The resolution also dismissed all pending petitions filed by the PnM after it lost jurisdiction of the cases with the proclamation of the winners last June 5.

Rodriguez contended the Comelec resolution was approved and signed by only three members of the seven-member commission, namely: Chairman Alfredo Benipayo and Commissioners Resurreccion Borra and Florentino Tuason.

Commissioners Luzviminda Tancangco and Rufino Javier dissented while Commissioners Ralph Lantion and Mehol Sadain were absent.

Rodriguez said the resolution was unconstitutional because it violated Article IX, Section 7 of the Constitution which states that "each commission shall decide by a majority vote of all its members any case or matter brought before it."

Rodriguez said the resolution also violated Rule 3, Section 5 of the Comelec Rules of Procedure that requires "the concurrence of a majority of the members of the commission shall be necessary for the pronouncement of a decision, resolution, order or ruling."

He maintained since there were seven Comelec members, four votes were necessary to promulgate a decision or resolution.

Rodriguez called on the Comelec to convene en banc and act on his four petitions to deduct 180,000 votes from the votes cast for Recto in Zamboanga del Norte, Maguindanao, Lanao del Norte and Lanao del Sur and uphold its constitutional mandate to conduct a fair and honest election.

He said the Comelec could only be fair and transparent if the Comelec documents would be opened and scrutinized so the alleged spurious and tampered votes for Recto can be deducted.

The Comelec did reduce the votes of Recto by 106,000 votes during the canvassing after it found his votes were padded in Sultan Kudarat, Tawi Tawi and Zamboanga del Norte.

Rodriguez pointed out the Comelec should send another resolution to the Senate and only then can the 13 elected senators take their oaths before the Senate president.

Unless this is done, Rodriguez held that Monday’s oath-taking and Senate proceedings were invalid and had no legal effect.