Atty. Romeo Macalintal. INQUIRER FILE PHOTO
MANILA, Philippines – The proclaimed senators should surrender their certificates of proclamation (COP) to the Commission on Elections because it was not a valid proclamation, an election lawyer said Friday.
Workers groups led by the Kilusang Mayo Uno also expressed dismay over the handling of the Comelec of the polls as they held a picket at the canvassing center at the Philippine International Convention Center.
Poll lawyer Romulo Macalintal said under the rules, Comelec was not even allowed to make a partial proclamation “since the rules provide for a completion of canvass as basis of such proclamation.”
Meanwhile, the workers said Comelec “repeatedly refused to be transparent in the conduct of the counting of votes and that the poll body has shed all pretenses at transparency when it barred the Parish Pastoral Council for Responsible Voting and the Kapisanan ng mga Brodkaster sa Pilipinas from publicizing their unofficial count.”
Macalintal said “it will be the shining moment in the political career of the five proclaimed candidates if they will return or surrender the COPs to the Comelec since it is not a valid proclamation.”
Senators-elect Grace Poe, Loren Legarda, Alan Peter Cayetano, Francis “Chiz” Escudero and Juan Edgardo “Sonny” Angara were present during Thursday’s proclamation. Only Nancy Binay was absent during the event.
Binay, daughter of Vice President Jejomar Binay, ran under the United Nationalist Alliance (UNA). Prior to the proclamation, UNA asked the Comelec to defer the proclamation citing the suspiciously slow transmission of election results.
Macalintal, who appeared Thursday before the National Board of Canvassers on behalf of UNA candidate and reelectionist senator Gregorio Honasan, said the proclamation should be of 12 not of the 6 candidates. He also reserved his right to file a manifestation.
In his statement released Friday, he cited the Supreme Court ruling in the case of Mutuc v. Comelec which provides that an incomplete canvass is illegal and cannot be the basis of subsequent proclamation thus mandating the Comelec to “count all the votes cast and consider all the returns.”
Further quoting the high court, he said “without including the votes in the proclamation is disrespectful of the returns and in effect disenfranchise the voters.”
“Expediency cannot also be the reason to make a hasty proclamation. The Supreme Court added in Mutuc case that ‘the Comelec has no power to decide questions involving the right to vote because to do so is in effect to deny the voters their votes’,” he said.
Macalintal said the Comelec has ample time to await the uncanvassed COCs since there are still 45 days remaining before the June 30 statutory date for the winning senatorial candidates to assume their office.
Brillantes slammed
The workers, in a statement, blasted Comelec Chairman Sixto Brillantes for saying that this year’s elections is “one of the best” in the country’s history and for threatening to file charges against critics.
“What kind of intolerance to criticism is this? He makes a spectacular claim and then threatens those who beg to disagree with charges. His threat is a sign of desperation, a recognition that he can’t win in the court of public opinion,” said Roger Soluta, KMU secretary-general.
“Brillantes is trying to intimidate critics and drown their voices with grand feel-good statements about this year’s elections. The Filipino workers and people know that this year’s elections were marred by widespread chaos and systematic fraud,” he added.
According to the workers, the Aquino administration wanted to make its candidates win and make its critics lose, accusing it as “behind the massive electoral fraud.”