From petition to cancel COC, final cancellation, to shotgun proclamation

This Youtube video from kayshar999 shows:

Comelec chairman Sixto S. Brillantes, Jr. confirming the promulgation of a Comelec En Banc Resolution cancelling the Certificate of Candidacy (CoC) of Regina O. Reyes, a U.S. citizen who ran against incumbent congressman Lord Allan Velasco.

In a radio interview by Kabayan Noli de Castro over his DZMM radio program Brillantes said:
"Despite the fact na meron ho kaming desisyon disqualifying her (Reyes)...puwede hong magfile ng petition to annul yung proklamasyon kasi ginawa ho 'yun ng provincial board of canvassers sa Marinduque, ano... pupunta ho sa amin 'yan, yung kaso, kung may magpa-file, magkukuwestiyon ng proklamasyon..."

On March 27, 2013, based on a petition filed by Joseph Tan, a registered voter of Torrijos, Marinduque, the COMELEC First Division, after thorough evaluation of the case, cancelled the certificate of candidacy (CoC) of Regina O. Reyes.

On April 8, 2013, Reyes filed a motion for reconsideration (MR) that was elevated to the en banc.

On May 14, 2013, the Comelec En Banc decision on the case was promulgated stating among others as follows:
"The requirement of Philippine citizenship is indispensable for a person seeking for an elective public office. Thus, strict compliance with the requirements of RA 9225 is vital and finds even more application to a former Filipino citizen who aspired to re-acquire his Filipino citizenship and enjoys full civil and political rights therein, including the right to be voted for. It is a requisite which should be dealt with more scrutiny, if only to ensure that no person owing allegiance to other nation is actually permitted to govern our people.

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"WHEREFORE, in view of the foregoing, the instant Petition is GRANTED. Accordingly, the Certificate of Candidacy of respondent REGINA ONGSIAKO REYES is hereby CANCELLED.

"In her motion for reconsideration, the respondent argues that the assailed Resolution was rendered contrary to the facts and established jurisprudence as the petitioner failed to establish sufficient evidence to make for a prima facie case against her. We deem this to the contrary.

"There is no cogent reason to reverse the findings of the Commission (First Division).

The motion for reconsideration is a reiteration of the various pleadings submitted by the respondent on the issue, a mere rehash and recycling of the claims she has raised prior to the promulgation of the resolution. The Supreme Court in the case of Roque v. Comelec did not cast a favorable eye on arguments that were reiterated:

"Petitioners’ above contention, as well as the arguments, citations, and premises holding it together, is a rehash of their previous position articulated in their memorandum I support of their petition. They have been considered, squarely addressed, and found to be without merit in the Decision subject heeof. The Court is not inclined to embark on another extended discussion of the same issue again.

"The Resolution by the First Division of this Commission is a result of a tedious evaluation of the claims and defenses brought about by the two contending parties in the case at bar. After an evaluation of the arguments presented, the Commission (First Division) declared the COC of the respondent as cancelled. This, We dare not disturb.

"WHEREFORE, premises considered, the Motion for Reconsideration is hereby DENIED for lack of merit. The March 27, 2013 Resolution of the Commission (First Division) is hereby AFFIRMED.” 

The above video also shows how the Comelec process server, who had authority from the Comelec chairman to personally deliver a copy of the en banc resolution to the provincial election supervisor, was completely ignored by the PBOC despite repeated attempts to serve the document.
The provincial board of canvassers then hurriedly proceeded to proclaim the disqualified candidate as winner.

Prof. Winnie's view on proclamations and dynasties

Of proclamations and dynasties

By Solita Collas-Monsod
Repost from Philippine Daily Inquirer

An ego as big as all outdoors. And an unfamiliarity with the parameters of accuracy.  Those are two reasons one can think of that would explain Commission on Elections Chair Sixto Brillantes’ pronouncements.

The most recent examples, if memory serves, are statements to the effect that “the Comelec is 99.99 percent prepared for the elections,” “only about 200 to 300 PCOS machines malfunctioned,” and “we will proclaim the winning senators within 48 hours.”  These all, presumably, to show the efficiency of the Comelec and the automated election system.

Well, that 0.01 percent unpreparedness of the Comelec includes the humongous delays in transmission, as evidenced by the fact that as of yesterday (Friday) noon, almost 24 percent of the ERs (election returns) had yet to be transmitted/received,  the public (and mayhap even the Comelec) having no idea where the missing ERs are from; only 72 out of 304 COCs (certificates of canvass), representing 12 million ballots, have been tallied by the National Board of Canvassers (read Comelec officials); and what’s more, because the 48-hour projection for proclamation had already lapsed, the Comelec decided to proclaim six senators on Thursday evening, with no basis at all.

Let’s do a little arithmetic, so we can understand the magnitude involved in the foregoing statements.   There were a reported 52 million registered voters.  Now we have to make an assumption about the voter-turnout rate.  If we assume a 70-percent voter-turnout rate, that means 36.4 million voters voted; if the assumption is 65 percent, then it becomes 33.8 million; and a 60-percent turnout rate means 31.2 million.

Which means, depending on the assumption you use, and assuming that the voting population is evenly distributed among the precincts, that as of Friday noon, there were still anywhere from 7.5 million to 8.7 million votes unaccounted for.  And that’s the unofficial count.

As far as the official count is concerned, the 12 million ballots from the 72 COCs represent anywhere from 33 percent to 38 percent of voter turnout, and  19 million to 24 million uncounted ballots.

So what was the basis of the Comelec proclamation of the six senators?  If they used the unofficial count, that would be illegal. If they used the official count, 33 percent to 38 percent of votes cast can provide no sufficient basis.

Ego.

Think.  There is no need to officially proclaim senatorial winners in the United States, and the winners of the presidential and vice presidential races don’t get proclaimed until one to two months after the elections, although the whole country knows who won, and in general, the losers concede. Here in the Philippines, conceding is not the usual practice, but in the case of senators, no real damage is done.

So why the haste to proclaim on the part of the Comelec?  The desire to be faster than the previous one. Ego. Ignoring the fact that in 2010, by this time after the elections, 85 percent of the vote had already been recorded.  Ah, me.  Did anyone notice that in the proclamations of these senators, the Comelec did not state the number of votes they got?

But what is reprehensible is that all but one of the “proclaimed” senators attended the proclamation, and in fact objected to the move of the opposition that the proclamation be postponed/suspended. I think UNA was right. And I give credit to Nancy Binay for not attending the proclamation. She may not have attended because UNA had objected, but it is also possible that she did not attend because she herself thought it was premature. I give her the benefit of the doubt, and congratulate her on her decision.

Having excoriated the Comelec, I might as well call the Parish Pastoral Council for Responsible Voting to task also, for that enormous boo-boo it committed of double, and maybe even triple, counting of votes in the early hours of the count.  At best, that was a programming error; at worst, an attempt to condition minds.  I will give the PPCRV the benefit of the doubt, but that error is major.  In any case, the Comelec and the PPCRV seem to deserve each other.

Now let’s turn to the good news as far as the election results are concerned and as far as I am concerned:  It was truly heartwarming to find that a lot of the political dynasties that have held sway over years, and even decades, have crumbled to a greater or lesser extent.

The Garcias in Cebu. The Villafuertes in Camarines Sur. The Fuas in Siquijor. The Antoninos in South Cotabato. And the Jalosjoses in the three Zamboangas.

And those are only the ones that made the headlines.  I looked at all the provincial results (as of Friday noon), and I noticed that political families like the Josons  in Nueva Ecija, the Tañadas in Quezon, the Sumulongs in Rizal, the Teveses in Negros Oriental, the Dazas in North Samar, the Villarosas in Occidental Mindoro, the Tupases in Iloilo, the Angaras in Aurora, suffered at least some electoral losses.

This is not to say that political dynasties are on their way out: Of the 79 provinces that I looked at, 37 were under the control of political dynasties (defined as a situation where the governorship and a congressional seat were in the hands of the same family).  And another four or five had a vice governor/congressional tandem.

And as some dynasties start weakening, other dynasties are forming (e.g., the Pacquiaos in Sarangani, the Alvarezes in Palawan).

But considering that dynasties, however defined, have been the subject of real public disapproval only fairly recently, it is a good start. The quality of our democracy, which has been deteriorating (so few good ones to choose from, so many decisions made by so few), may at last get a boost for the better with even more public scrutiny of dynasties and their negative effects.

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Velasco seeks annulment of the "highly irregular, illegal and prremature" proclamation

Stage preparations for an earlier miting de avance in a Marinduque town

Proclamation of Marinduque representative hit

Repost from The Manila Times

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Published on 19 May 2013

Hits: 257

Written by JOMAR CANLAS REPORTER

Incumbent Rep. Lord Allan Velasco of Marinduque has filed a petition before the Commission on Elections (Comelec) seeking to annul the proclamation of his opponent Regina Ongsiako Reyes who is allegedly a US citizen.

Velasco also chided the Provincial Board of Canvassers (PBOC) of Marinduque for disregarding a Comelec En Banc resolution declaring that Reyes is an alien who is unqualified for the cited elective position.

In a statement, Velasco lambasted the PBOC of Marinduque composed of Regional Director Emmanuel Ignacio, Prosecutor Bimbo Mercado and Magdalena Lim for proclaiming Reyes as the winner in the election for the post of representative of the lone district of Marinduque on May 18

Velasco, thus, called Reyes’ proclamation as “highly irregular, illegal and premature” in view of the May 14, 2013 resolution of the Comelec En Banc.

He stressed that the PBOC should have suspended the proclamation in the meantime to await whatever action the high court may take on the challenged resolution.

He sought the annulment of the Reyes proclamation for being null and void and devoid of any legal and constitutional basis.

“Marinduqueños are bewildered by Reyes’ proclamation since the PBOC is under the Comelec En Banc and is required to comply with and obey all resolutions and orders of the Commission,” Velasco said.

He added, “[Marinduque residents] are aghast at the thought that US citizen will represent them in the House of Representatives in violation of Section 6, Article VI of the Constitution, [which provides] that only a natural born Filipino citizen is qualified to become a Congressman.”

In the cited May 14, 2013 resolution of the Comelec En Banc, the poll body issued a resolution denying with finality the motion for reconsideration of Reyes.

She filed the said motion in connection with the March 27, 2013 resolution of the Comelec En Banc, which declared that she is a US citizen and ineligible for the contested post.

Reyes allegedly admitted that she did not avail of Republic Act 9225 to reacquire her Filipino citizenship.

The poll body also brushed aside Reyes’ claim that she is a dual citizen of the Philippines and the US because of her previous marriage with a certain Saturnino Ador Dionisio.

She claimed that, she acquired her US citizenship by virtue of her marriage to a US citizen.

Reyes, however, denied having undergone naturalization.

Her arguments failed to convince the Comelec En Banc, which eventually ruled that she was not able to present any legal or factual bases for her position.

The case stemmed from a petition filed by Joseph Tan to deny due course to or cancel Reyes’ certificate of candidacy on the basis of several false representations made by Reyes in her certificate of candidacy.

The petition stated that Reyes intentionally withheld the fact that she is single, a natural-born Filipino citizen, and a resident of Boac, Marinduque.

The poll body pointed out that Reyes is a US citizen and relied on the certificate issued by the Bureau of Immigration detailing Reyes’ use of a US passport since 2005.

Velasco is the son of Supreme Court Associate Justice Presbiterio Velasco Jr. while Reyes is the daughter of incumbent Gov. Carmencita Reyes of Marinduque and the sister of Toll Regulatory Board head Edmundo Reyes Jr.

American proclaimed in Marinduque

Repost from Manila Standard Today

By Rey E. Requejo | Posted on May. 20, 2013 at 12:03am | 2,248 views

A board of canvassers in Marinduque has proclaimed as winner in a congressional elections a candidate who was declared by the Commission on Election as an American citizen, a re-electionist lawmaker said on Sunday.

Rep. Lord Allan Jay Velasco said the provincial board of canvassers has proclaimed his rival, Regina Reyes, as elected representative despite a ruling by the COMELEC en banc declaring her a US citizen and “ineligible for the position of representative.

“The declaration was a brazen defiance and blatant disregard of the power and authority of the COMELEC en banc,” Velasco said, citing its memorandum on March 27 declaring her a US citizen.

The three-member provincial board proclaimed Reyes as elected one day after the May 13 mid-term elections. Velasco questioned Reyes’ declaration as “irregular, illegal and prematures.”

On the same day, the COMELEC en back released its decision denying with finality Reyes’  motion for reconsideration. Velasco, son of Supreme Court Associate Justice Presbetro Velasco is running for re-election.

Velasco said the board of canvassers should have waited for the Supreme Court to take action on the issue after the decision was challenged in court because Reyes was not qualified for the position.

He said he will take legal actions against the “highly anomalous and premature proclamation of Reyes because the canvassers should have waited for the Supreme Court to act on the issue.

The people of Marinduque were surprised at the proclamation of Reyes because the canvassers were under the supervision of the COMELEC and it should have followed its orders.

“They (people of Marinduque) are aghast at the thought that a US citizen will not represent them in the House or Representatives, Velasco said. The constitution says that only a natural born Filipino citizen is qualified to become a congressman,” Velasco said.

Pahayag ng Comelec chairman tungkol sa proklamasyon ng disqualified candidate

Audio record ng interview kay Comelec Chairman Sixto S. Brillantes, Jr. habang kausap ni Kabayan Noli De Castro sa himpapawid over DZMM ABS-CBN tungkol sa pagkaproklama kay Gina Reyes ng Prov'l Canvasser noong Sabado, May 18, 2013, at hakbang  sa pagpapawalang-bisa dito.

Hatid ni Lolong Rejano mula sa FB account, ERGUHAN KITA BILISI.

Marinduque board of canvassers defies Comelec

Marinduque board of canvassers defies comelec

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Published : Monday, May 20, 2013 00:00

Article Views : 63

Written by : People's Journal

In what is described as a brazen defiance and blatant disregard of the power and authority of the Comelec En Banc, the Provincial Board of Canvassers of Marinduque composed of Regional DIrector Emmanuel Ignacio (who replaced Provincial Election Supervisor Edwin Villa), Prosecutor Bimbo Mercado and Magdalena Lim proclaimed candidate Regina O. Reyes as the elected representative of the lone district of Marinduque Saturday afternoon at Boac, Marinduque.

Re-electionist Marinduque Rep. Lord Allan Jay Q. Velasco protested the proclamation and denouncing it as “highly irregular, illegal and premature” in view of the May l4, 20l3 ruling.

Velasco, son of Supreme Court Associate Justice Presbitero Velasco, stressed the PBOC should have suspended the proclamation in the meantime to await the Supreme Court’s action on the challenged resolution.

The Comelec issued a resolution last May l4, denying with finality the motion for reconsideration of Reyes of the March 27, 2013 Resolution finding her to be a U.S. citizen and ineligible for the position of representative.

Reyes admitted she did not avail of Republic Act. No. 9225 for  the reacquisition of Philippine citizenship.

Velasco sought the annulment of Reyes’ proclamation for being null and void and without any legal and constitutional basis since Reyes is not qualified for the position.

Velasco vowed to take necessary legal actions against the “highly anomalous and premature”proclamation of Reyes.

Velasco said Marinduqueños are bewildered by Reyes’ proclamation since the PBOC is under the Comelec En Banc and is required to comply with and obey all resolutions and orders of the Commission.

“They are aghast at the thought that a U.S. citizen will represent them in the House of Representatives  in violation of Section 6, Article VI of the Constitution that only a natural-born Filipino citizen is qualified to become a congressman,” he said.

Repost from Journal Online