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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)
