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| Commission on Elections, Intramuros, Manila |
Extracts from the Comelec Resolution in the matter of declaring null and void the proceedings of the Provincial Board of Canvassers (PBOC) of Marinduqe and the subsequent proclamation of Regina O. Reyes as member of the House of Representative in the Lone District of Marinduque. Filed by Petitioner Rep. Lord Allan Jay Q. Velasco. (SPC No. 13-010)
“The antecedents prior to the instant case, as averred by petitioner on his Verified Petition, are as follows:
“xxx On 13 May 2013, the members of the PBOC of the Province of Marinduque convened for the consolidation/canvassing and transmission of votes in connection with the 13 May 2013 National and Local Elections. The PBOC was initially composed of the following members: Atty. Edwin R. Villa as Chairman, Pros. Bimbo A. Mercado as Vice-Chairman and Mrs. Magdalena M. Lim as Secretary.
“xxx As of 8:30 o’clock in the morning of 15 May 2013, only three (3) municipalities out of six (6) were able to transmit the election results to the Provincial Board of Canvassers of Marinduque. The three Municipalities with transmitted results are Boac, Mogpog and Sta. Cruz. The other three which havenot submittedany results yet are the Municipalities of Buenavista, Gasan and Torrijos.
“xxx In the same morning of 15 May 2013, herein Petitioner through his then counsel, Atty. Danny I. Gapasin, Jr., moved for his proclamation as winner in the congressional race in the Province of Marinduque having obtained the highest number of votes pursuant to the pertinent provisions of Comelec Resolution No. 9648 more particularly Section 28(n) thereof and in view of the Resolution promulgated by the Comelec en Banc on 14 May 2013 in SPA No. 13-053 (DC) entitled “Joseph Socorro B. Tan vs. Atty. Regina Ongsiako Reyes” wherein it AFFIRMED the 27 March 2013 Resolution of the Honorable Commission First Division cancelling the certificate of candidacy of Regina Ongsiako Reyes.
“xxx To support the said motion to proclaim herein Petitioner, through counsel, presented and submitted a copy of the Comelec En Banc Resolution promulgated 14 May 2013 in SPA No. 13-053 (DC) though containing a clerical error of 14 May 2014 as dte of its promulgation. The copy of said Resolution was questioned as to the authenticity or due execution. Hence herein Petitioner through consel requested the PBOC through its Chairman, the Provincial Election Supervisor, to verify the same from the Clerk of the Commission in the Commission Main Office in Manila.
“xxx The said motion to proclaim was however denied and set aside for lack of merit and for being prematurely made. The PBOC claimed that neither they nor the counsels of the other party were duly furnished or served with official copies of the said En Banc Resolution, in addition the PBOC made the flimsy excuse that the said En Banc Resolution is yet to be promulgated on 14 May 2014 as shown in the copy furnished to the Board.
“xxx Furtheremore, as to the request of herein Petitioner through counsel, for the PBOC to make the necessary verification of the due esistence, execution and issuance of said En Banc Resolution, it likewise denied the motion saying that it is beyond the mandated duty of the PBOC to do the same. Xxx
“xxx Subsequently, after the motion of the Petitioner was denied, Rspondent Regina O. Reyes, together with candidates Carmencita O. Reyes and Romulo A. Bacorro, immediately submitted a written Urgent Ex-Parte Omnibis Motion (1) to lower the threshold of the canvassing and consolidation system in the Municipalities of Gasan, Buenavista and TOrrijos in accordance with Resolution No. 9700. (2) to direct the MBOCs of Torrijos, Gasan and Buenavista to implement and execute Resolution No.9700, request the NSC thru the Regional Election Director for the positions of Governor, Vice-Governor and Congressman in the Province of Marinduque and to transmit the Certificates of Canvass to the PBOC, and (3) to proclaim Candidates Carmencita O. Reyes, Romulo A. Bacorro and Regina O. Reyes as winners for the positions of Governor, Vice-Governor and Representative for the Lone District of Marinduque respectively. Xxx
“xxx Petitioner, through his counsel, then submitted his Commitment/Opposition dated 15 May 2013 xxx and Supplemental Comment/Opposition with Omnibus Motion xxx to the said Urgent Ex-Parte Omnibus Motion.
“xxx In his submissions, Petitioner Velasco argued, among others, mthat with the promulgation by the Commission on Elections En Banc of the Resolution dated 14 May 2013 in SPA No. 13-053 (DC), which cancelled the certificate of candidacy of Regina O. Reyes, all the votes obtained by the latter shall be considered as STRAY.
“xxx the PBOC then suspended the proceedings in order to rule on the motions.
“xxx While the proceedings of the PBOC is suspended or in recess, the process server of this Honorable Commission, who identified himself as Pedro P. Sta. Rosa II (“Sta. Rosa” for brevity), arrived at the session hall of the Sangguniang Panlalawigan of Marinduque where the provincial canvassing is being held.
“xxx The process server, Sta. Rosa, was in possession of certified true copies of the Resolution promulgated by the Comelec En Banc on May 14, 2013, in SPA No. 13-053 (DC) entitled “Joseph Socorro B. Tan vs. Atty. Regina Ongsiako Reyes” and an Order dated 15 May 2013 to deliver the same to the Provincial Election Supervisor of Marinduque. The said Order was signed by no less than the Chairman of the Commission on Elections, the Honorable Sixto S.Brillantes, Jr.
“xxx Process server Pedro Sta. Rosa II immediately approached Atty. Edwin Villa, the Provincial Election Supervisor (PES) of Marinduque, upon his arrival to serve a copy of the aforementioned Rsolution dated 13 May 2013 in SPA No. 13-053 (DC). Despite his proper identification that he is a process server from the Comelec Main Office, the PES totally ignored Process Server Pedro Sta. Rosa II.
“xxx Interestingly, the PES likewise refused to receive the copy of the Comelec En Banc Rsolution dated 14 May 2013 in SPA No. 13-053 (DC) despite several attempts to do so.
“xxx Instead, the PES immediately declared the resumption of the proceedings of the PBOC nd instructed the Board Secretary to immediately read its Order proclaiming Regina Ongsiako Reyes as winner for the position of Congressman for the Lone District of Marinduque.
“xxx it was only after the reading o the said Order that the Election Assistant of the Provincial Election Supervisor agreed to receive the certified true copy of the Comelec En Banc Resolution dated 14 May 2013 xxx
“xxx Nevertheless the PBOC issued its Order dated 15 May 2013 directing the MBOCs of Gasan, Buenavista and TOrrijos to transmit to the PBOC the Certificates of Canvass for the positions of Governor, Vice-Governor and Congressman.
“xxx But what is unexpected, surprising and shocking is the inclusion of the proclamation of candidates Carmencita O. Reyes, Romulo A. Bacorro and Regina Ongsiako Reyes as winners for the positions of Governor, Vice-Governor and Representative for the Lone District of Marinduque, The alleged “proclamation” in the folio of the assailed 15 May 2013 Order of the PBOC cannot in any manner be considered a valid proclamation pursuant to Comelec rules and resolutions.The alleged “proclamation” does not contain a Certificate of Canvass and Proclamation of winning candidates which has to be signed by all the members of the PBOC together with their respective thumbprints. Said certificate is required to contain the votes of all the candidates in each town and the grand total of the indicated votes.
“Moreover, the questioned Order is not also supported by the Group Canvass Report as required by the Comelec Rules and Resolutions. The said proclamation does not even have any basis and is not supported by any number of votes obtained by the said candidates with respect to the transmitted results. Hence, the said proclamation should be declared null and void and valid for being a product of an illegal proceeding from the very beginning. It was a sham proclamation…without any binding and legal effect..”
(continued)
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