Comelec junks petition for failure of elections

The Commission on Elections (Comelec) the other night junked the petition for failure of elections in Caloocan City, paving the way for the proclamation of Rey Malonzo as mayor.

In an en banc decision, the Comelec voted four-three in favor of dismissing the petition filed by Malonzo’s rival Luis "Baby" Asistio.

All the other candidates who won in the last local elections will likewise be proclaimed, the Comelec said.

Earlier, Comelec Commissioner Luzviminda Tancangco penned a decision declaring a failure of elections in Caloocan City concurred in by Commissioners Ralph Lantion and Rufino Javier.

However, Comelec Chairman Alfredo Benipayo, Commissioners Mehol Sadain, Florentino Tuason, and Resurreccion Borra all dissented.

With four members dissenting, "the petition to declare failure of elections is considered (dismissed) as it is hereby dismissed, pursuant to Section 5, Rule 3 of the Comelec Rules of Procedure," said Benipayo in a "Summary of Votes and Certification."

Tancangco wanted to declare a failure of the elections last May 14 and 15 in Caloocan for the positions of Representatives of the first and second districts of the city, as well as all local positions, including mayor and vice mayor; and order special elections on the first Tuesday of August 2001.

She likewise ordered the Comelec Law Department "to investigate the irregularities committed in the Office of the City Treasurer" and file the necessary action against the parties involved in irregularities, if evidence is found.

However, Benipayo found that during the May 14 elections and the special election on May 15 in Caloocan City, all precincts functioned, in contrast to what Tancangco and the two other Commissioners noted.

"Records show that all the precincts completely functioned and successfully conducted elections in the first and second districts of Caloocan City," Benipayo said.

"Therefore, the condition set forth in the separate opinion was not met. Hence, there is no need to call for a special election," said Benipayo.