Supreme Court restrains Comelec from enforcing ruling

MANILA, Philippines - The Supreme Court (SC) yesterday stopped the Commission on Elections (Come-lec) from implementing its resolution on the Camarines Norte gubernatorial row that was alleged to have been based on fake and spurious poll documents.

In a statement, lawyer Romulo Macalintal, legal counsel of Camarines Norte Gov. Jesus Typoco, said the SC, acting on their petition, ordered the Comelec and its newly constituted board of canvassers (BOC) to stop the proclamation of Typoco’s rival, Edgardo Tallado.

Macalintal said Typoco won the gubernatorial election on May 14, 2007 with a margin of 2,534 votes over Tallado.

However, Tallado filed a petition to correct alleged manifest error in the Statement of Votes by Precinct (SOVP) in Labo town.

The Comelec ruled against Typoco and declared Tallado the winner by 65 votes and directed the new BOC to immediately convene and enforce its resolution.

Macalintal said the SC’s injunction was timely, as it was served to the poll body at 8:30 a.m. yesterday, 30 minutes before the BOC was to convene.

The Comelec, with Commissioner Rene Sarmiento dissenting, reportedly found the SOVP of Labo on file with its records division with “manifest error” which, when “recomputed,” favored Tallado, Macalintal said. 

But Macalintal said, “Upon proper verification in the Comelec’s records department, it is very clear that the said SOVP of Labo is fake and spurious. Its masthead and fonts are radically different from an official and genuine SOVP.”

 

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