SET junks petitions vs Pimentel’s term eligibility

Sen. Aquilino “Koko” Pimentel III

MANILA, Philippines — The Senate Electoral Tribunal (SET) has junked the two quo warranto petitions against Senator Aquilino Pimentel III seeking to declare him “ineligible” for the 2019-2025 Senate term.

In a 17-page decision dated June 3, 2020, the SET dismissed the petitions separately filed by Reymar Mansilungan and Efren Adan for “lack of merit.”

The petitioners questioned Pimentel’s eligibility to hold office as a senator for 2019 to 2025, claiming that he had already served two previous, successive terms.

They argued that Pimentel served his first term after he won the election protest he filed against now Senate Majority Leader Juan Miguel Zubiri in 2011.

“During the pendency of [the case], Zubiri was able to assume office for the 2007-2013 Senatorial term for around four years and two months, or from June 30,2007 until August 10, 2011,” SET’s decision noted.

“Thereafter, the Tribunal promulgated a Decision dated August 11, 2011 annulling and setting aside Zuiri’s proclamation as Senator, and accordingly, declaring [Pimentel] as the 12th winning senator in the 2007 National and Local Elections,” it added.

The tribunal stated that this constitutes an “involuntary interruption” or a “break” in Pimentel’s service of the 2007-2013 senatorial term.

“Being an interrupted term, the 2017-2013 Senatorial term cannot be counted against [Pimentel] for purposes of counting term limitation provided by the Constitution,” the decision read.

Pimentel, according to the SET, was “not prohibited to run and be elected for the 2019-2025 Senate term since he has yet to serve two (2) consecutive terms in full within the contemplation of prevailing law and jurisprudence.”

‘Well-reasoned’

Sought for comment on the SET decision, Pimentel told INQUIRER.net in a Viber message that he was thankful to the tribunal members “for their objectivity, which was shown in the well-reasoned decision.”

The SET is chaired by Supreme Court Senior Associate Justice Estela Perlas-Bernabe. Its members include Associate Justice Alfredo Benjamin Caguioa and Associate Justice Alexander Gesmundo.

Senate Minority Leader Franklin Drilon and Senators Nancy Binay, Pia Cayetano, Richard Gordon, Lito Lapid and Manny Pacquiao are also among the members.

“We hope this decision contributes to the development of case law on the issue just as our arguments have led to the possible amendment and improvement of the SET Rules,” Pimentel added.

gsg /atm