Caloocan Comelec chief denies failure of elections

Caloocan City Election Officer Calixtro Ramos yesterday flip-flopped on his reported recommendation to declare a failure of elections in the city.

First, he denied making such a recommendation because he could be charged with violating the principle of sub judice, the case having been filed on May 15 by Asistio’s lawyers and which is now being reviewed by the Commission en banc.

But when sought to confirm the existence and authenticity of a three-page affidavit he submitted to the Comelec, Ramos admitted to submitting one "but only for the (private) consumption of the honorable Commission." The official said he never furnished anyone a copy and did not know how the Asistios got one. The STAR showed Ramos a faxed copy of his affidavit, signed, duly sworn to, subscribed and submitted to the Comelec en banc.

With this discovery, Ramos fears an investigation of the Comelec on this alleged breach of confidentiality may be in order.

"I cannot confirm nor deny (the contents of the affidavit) because I don’t want to pre-empt the Commission," Ramos said adding that as a lawyer he is aware of the principle of sub judice, where one cannot comment on the merits of a case under review by a court or judicial body.

Ramos, in his affidavit, said that "in view of the foregoing facts and sentiments of the electorates (sic) in Caloocan City who were disenfranchised and made known by Bishop Teodoro Bacani Jr., ‘a declaration of a failure of elections’ in Caloocan City will be in order and thereafter a special elections (sic) be held as soon as possible with a new set of Board of Election Inspectors (BEIs), a new composition of the City Board of Canvassers and the 10 sub-canvassing units and the canvassing of the election returns be made at the PICC in Pasay City."

"Making the recommendation will be in violation of the principle of sub judice if publicly disclosed. It will undermine the power or authority of the commission. Although I can recommend, I cannot, and do not have the authority nor the power to declare a failure of elections. Only they (Commission) can," Ramos said.

Ramos went on to say that "somebody at the main Comelec office in Intramuros" goofed and broke a "confidentiality" rule.

"When I submitted my affidavit, somebody must have leaked it out to the reporters who were present at that time," Ramos said. He said the document was only for the eyes of Comelec commissioners and not intended for public disclosure.

Ramos said he personally gave the papers to Comelec Executive Director Mamasapunod Aguam who administered Ramos’ oath.

Almost talking to himself while being interviewed by The STAR at his office at Petron Building along Mabini street, Ramos said. "If they squealed (spilled the beans), malaking sakit ng ulo ito ni chairman (Alfredo Benipayo)." — Jerry Botial