MANILA, Philippines—The Commission on Elections’ (Comelec) second division has moved the hearing of the case filed by Taguig City mayoral candidate Dante Tiñga against the proclaimed winner, incumbent Mayor Lani Cayetano, to the poll body’s first division.
“To prevent further imputations of dubious character as to the impartiality of whatever ruling of this Commission as regards to the case at bar resulting in the smearing of the integrity of this august body, the Commission hereby resolves to re-assign the … case to the First Division,” read the Comelec resolution.
The Cayetano camp earlier called for the inhibition of the second division presiding commissioner, Elias Yusoph, saying Yusoph had lost his impartiality because of alleged links to a “powerful politician” from the opposite camp.
The other commissioner of the three-member division, Lucenito Tagle, had earlier voluntary inhibited himself from hearing the case.
The second division last week upheld its January decision ordering the retrieval of 373 contested ballot boxes currently under the custody of the Taguig city treasurer.
Comelec Chairman Sixto Brillantes told reporters that the transfer of the case to the first division does not mean the retrieval order would be recalled.
“It would be ugly for the Comelec if it would not be able to enforce such an order in Taguig, while in other areas [where there are election protests] we have already collected contested ballot boxes,” he said.
Shortly after he was appointed chairman in January, Brillantes said he would inhibit himself from the Taguig case as he once served as Tiñga’s election lawyer.
Meanwhile, Tiñga, a retired Supreme Court associate justice, said he might file criminal and administrative charges against the incumbent mayor and her supporters for their “unrelenting but unjustifiable efforts” in preventing the Comelec from beginning the recount of contested ballots.
The Cayetano camp had said it would not turn over the ballot boxes to the Comelec official tasked to get them.
Cayetano beat Tiñga in the May 2010 mayoral race by 2,420 votes.