MANILA, Philippines -- Is Senator Miguel Zubiri on the way out of the Senate? As per the statement of Senate Minority Leader Aquilino Pimentel Jr., the answer is yes, and so his son and Zubiri's closest rival for the 12th slot in the 2007 senatorial elections is set to take over Zubiri's post in the Upper Chamber.

Pimentel said the Senate Electoral Tribunal has completed its recount of disputed votes in pilot areas in four Mindanao provinces.

"This is pursuant to the SET rules which provide that a protesting candidate must prove that he has solid basis for his protest by showing evidence of fraud in at least 25 percent of the election results in pilot places that are subject of his protest," Pimentel said.

"Koko has done that. In summary, Koko has subjected 664 precincts in Maguindanao, Shariff Kabunsuan, Lanao Del Norte, and Sulu as his pilot precinct areas," he added, referring to his son by his nickname "Koko."

But Zubiri belied the opposition leader's calculations.

In a statement released by Zubiri's counsel, George Erwin Garcia said that the SET has yet to issue a resolution on the election results of the 25 percent of 2,658 precincts in the electoral protest filed by Aquilino Pimentel III.

"Only the SET is authorized to release the figures. No one can lay claim to possess the final count. It is premature to issue any announcements on who could be taking the lead until all the election results in Pimentel's protest and Zubiri's counter-protest have been dealt with," according to Garcia.

Zubiri's lawyer maintained that the SET has not even started reviewing the election results of around 1,990 precincts in 44 towns and seven provinces included in Pimentel's protest.

"The SET also has to revisit the election results of 73,265 precincts included in Zubiri's counter-protest which according to SET rules should be given due course," said Garcia.

He who also reminded Pimentel of SET Resolution No. 07-20 dated February 21, 2008 which says: "The parties and their respective counsels are reminded to refrain from discussing the merits of the protest with the media."

"Any attempt to preempt the exercise of discretion of the Senate Electoral Tribunal is to undermine the jurisdiction of the Tribunal."

Garcia said that pending the SETs final resolution of the electoral protest, Zubiri "shall continue to perform the duties of the office of a Senator of the Republic

According to the elder Pimentel, before the physical counting of the votes in the pilot areas, his son was trailing his rival by 17,251. But after the physical counting of the votes in the pilot areas, he was leading by 17,117 votes.