With final SC rebuff, Koko Pimentel leaves fate to SET
By Jerome Aning
Philippine Daily Inquirer
First Posted 23:45:00 07/18/2008
MANILA, Philippines -- The Supreme Court has denied with finality a suit filed by defeated senatorial candidate Aquilino “Koko” Pimentel III which sought to exclude decisive votes that came from Maguindanao during the 2007 legislative elections.
In an en banc decision dated earlier this month, the High Court said it decided to deny with finality the motion for reconsideration filed by Pimentel because “the basic issues raised therein have been passed upon by this Court and no substantial arguments were presented to warrant the reversal or the questioned decision.”
Reacting to the adverse decision, Pimentel said in a text message to the Philippine Daily Inquirer, “Whatever the Supreme Court decision, it cannot affect the Senate Electoral Tribunal protest” that he filed.
On March 13, 2008, the Supreme Court denied Pimentel’s petition that questioned the inclusion of votes from Maguindanao. Pimentel filed a motion for reconsideration on April 9.
Pimentel and administration candidate and now Senator Juan Miguel Zubiri were running neck-and-neck for the 12th senatorial seat during the May 2007 elections.
The Commission on Elections created a special provincial board of canvassers for Maguindanao after the old one was disbanded after findings of irregularities committed by then provincial election supervisor Lintang Bedol.
Bedol lost the original certificates of canvass (COCs), prompting the SPBOC to use for its re-canvassing copies of the documents retrieved by members of a Comelec task force.
Pimentel had questioned the authenticity of the COCs but the Comelec, acting as the national board of canvassers, overruled his objections.
Pimentel on June 28 tried but failed to secure a temporary restraining order from the Supreme Court. Subsequently, Zubiri was proclaimed winner on July 14, with 11,004,099 votes over Pimentel’s 10,984,807.
The tribunal dismissed Pimentel’s petition for review and mandamus, citing among others that his fight to stop Zubiri’s proclamation was actually a pre-proclamation case concerning matters relating to the preparation, transmission, receipt, custody and appreciation of election returns or COCs, which were prohibited under election laws.
The court added that Pimentel was also unable to present actual evidence to prove his claim that the Maguindanao COCs were manufactured.
The justices also said Pimentel should pursue his case before the Senate Electoral Tribunal, where it remains pending.
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