The Commission on Elections (Comelec) dismissed yesterday the petition of former senator Robert Barbers to nullify the proclamation of Sen. Rodolfo Biazon as the 12th and last winning senator in the last elections.
In quick reaction, Barbers said he will file a petition with the Senate Electoral Tribunal, questioning the poll body’s ruling.
He maintained that the Comelec erred when it proclaimed Biazon early last month without finishing first the canvassing of votes from at least 10 towns in Lanao del Sur and Cotabato City.
"My lawyers are now preparing the petition which I will be filing with the SET (Senate Electoral Tribunal) questioning the decision of the Comelec which upholds Biazon’s proclamation," said Barbers who, with Biazon, ran for re-election under the administration ticket in the May 10 senatorial race.
While Barbers contests he could still overtake Biazon’s mere 10,000 vote lead, Comelec Commissioner Resurreccion Borra said "there was no evidence or statistical data to overthrow" the winning margin.
Borra made the simple announcement of the poll body’s decision after a power outage yesterday morning caused by a storm prevented the printing of the copies of the ruling.
The decision was rendered by the Comelec’s first division composed of Borra, and Commissioners Rufino Javier and Florentino Tuason Jr.
Borra said that with their decision and the new batch of senators expected to take office today, Barbers can now only resort to a protest before the Senate Electoral Tribunal.
In his petition to the Comelec first division, Barbers alleged that there were still enough votes left untallied that could materially change the winning results.
With votes coming from some 29,000 registered voters in 10 various towns yet to be canvassed, he claimed he had more than enough chance to erase Biazon’s winning margin of around 10,000.
Biazon countered that based on the provincial tally, he would still prevail over Barbers even if votes from the 10 towns were included in the final tally. - With Jose Rodel Clapano