Saturday, July 13, 2013

Recapitulation of that shotgun proclamation and how the Marinduque PBOC defied the authority of the Comelec en banc

The Marinduque Shotgun Proclamation on Video

"The Board of Canvassers which proclaimed 
petitioner (Reyes) cannot by such act be allowed to render nugatory a decision of the COMELEC En Banc which affirmed a decision of the COMELEC First Division." 
- Supreme Court En Banc, June 25, 2013 

What was described as a shotgun proclamation by the PBOC of Regina O. Reyes as winner of the congressional seat at a time when votes have yet to be canvassed on May 15, 2013, is detailed below. After that hasty proclamation, the PBOC was then adjourned. It was reconvened three days later on May 18, 2013 with Comelec Regional Director Emmanuel Ignacio replacing PES Edwin Villa. In further defiance of the authority of the Comelec En Banc, Reyes was proclaimed anew.

Item, People's Journal, May 20, 2013: Marinduque board of canvassers defies Comelec.

"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."


That shotgun proclamation!
Repost of my blogs dated May 17, 2013: That shotgun proclamation!

Where on earth have you seen a Comelec representative, one with authority from no less than Comelec Chairman Sixto S. Brillantes, Jr., wearing appropriate ID and has properly introduced himself as such, to serve a Comelec en banc resolution, being completely ignored by the Provincial Board of Canvassers that includes the ridiculous sight of its chairman engaging said representative (a process server) in a physical game of catch-me-if-you can before the very eyes of everyone present? A Comelec process server completely ignored and treated with utter disrespect by the provincial board of canvassers?

Where on earth, have you ever seen, a couple of minutes later after that act, the said chairman hurriedly ordering the reading of an Order for the Municipal Board of Canvassers (MBOC’S) of Gasan, Buenavista and Torrijos in this province of Marinduque to lower the threshold of canvassing in connection with the elections, for them to transmit the COC’s for certain elective positions (Governor, Vice-Governor and Congressman), and in the very next paragraph of the same Order, without waiting for such COC’s to be transmitted, without any certificates of canvass or certificates of votes, without citing any single vote or figure in fact, loudly proclaim the winners for those positions?

Yes, proclaiming winners without citing any figures as basis for that proclamation!
And where on earth, have you seen that after that shotgun proclamation, amid protestations being expressed by certain counsels in behalf of their candidates for the irregularities and for outright disregard to Comelec rules the election proceedings would be adjourned? “You can file a case against me!”, the chairman would say.

At the very moment this is happening election results from only three municipalities (Mogpog, Sta. Cruz and Boac), have been transmitted to the provincial board of canvassers.

Where, but only in Marinduque, where else. This happened two days ago, Wednesday, May 15, 2013, at the provincial capitol of Marinduque, the seat of power. And never mind if the whole affair was being caught on video for all the world to see. Or maybe that’s really a display of how things are done in Marinduque under the rule of the powers that be, and how they could get away with them, so they think – for all the world to see.

The said video shows this seemingly hurriedly scripted game that transpired after a supposed 10-minute recess, a recess that dragged on suspiciously for two hours.

That the elections in Marinduque was marked by massive vote-buying, threats, intimidation and harassment by goons, violence and suspicious behavior or malfunction of certain PCOS machines here and there (reason for the delay in the canvassing of votes that has been tackled in the social media).

But no one seemed prepared for the above episode to transpire, one for Ripley’s, maybe. But, local political pundits say a similar thing happened sometime in Marinduque’s contemporary history, but in that instance a non-winner was declared winner, but they used padded results as basis with provincial board of canvassers, under duress, cooperating with the perpetrators. Still, those wrongdoers considered the importance of showing figures, the number of votes. But that was then.

This time, that’s no longer important. Basta i-proclaim mo at huwag ka nang magpakita pagkatapos. The day after this erratic proclamation, there was reported news over Corina Sanchez’ DZMM radio program to the effect that the local police had information that the provincial election supervisor is no longer in Marinduque.

Photos below presents the catch-me-if-you-can game that shows the actuation of the election supervisor (in blue jacket), as the poor, perplexed process server from Comelec head office follows him for the service of the Comelec en banc resolution.

Comelec process server from Manila waits during the recess..

Process server talking with the supervisor...
Supervisor moves away...

farther away as an unidentfied man follows him...
...away to the right side of the hall facing the board of canvassers...

and moves to his seat again with the patient process server meeting him
again to do his mission...

till someone approaches the process server
 to move him away from the election supervisor

Repost of blog dated May 17, 2013

Without a single vote as basis, Marinduque candidates including a disqualified candidate proclaimed winners in another moro-moro

DepEd Superintendent Magdalena Lim reads the shotgun proclamation with three towns of Marinduque yet to transmit their COCs representing 40% of the votes. The helpless process server who was ordered to personally serve the Comelec en banc resolution stands on the side. That was the resolution affirming the cancellation of the COC/disqualification of Regina O. Reyes.

As of 7:00 pm May 15 when the Provincial Board of Canvassers (PBC) convened after a two-hour recess the election results in the municipalities of Mogpog, Sta. Cruz and Boac have been transmitted to the PBC. The certificates of canvass from the other three municipalities of Buenavista, Gasan and Torrijos that represents 40% of the votes have, however, not been transmitted to the PBC. This is so because of hardware malfunction in certain precincts in said municipalities. 

Upon convening, the process server from Comelec head office approached the Chairman of the PBC, Atty. Edwin R. Villa to personally serve the Comelec en banc Resolution as instructed to him by Comelec head office. This is when, even after identifying himself as a process server the supervisor completely ignored his presence and the chase followed.

The first part of the dispositive portion of the shotgun proclamation of Regina Ongsiako Reyes as congressman for the Lone District of Marinduque, Carmencita O. Reys as Governor and Romulo A. Bacorro as Vice-Governor reads as follows:

"WHEREFORE, the MBOC's of Gasan, Buenavista and Torrijos in the province f Marinduque are hereby allowed to avail themselves of the provisions provided for in COMELEC Resolution No. 9700 promulgated on May 14, 2013 re: In the matter of the lowering of threshold of the canvassing and consolidation system in connection with the May 13, 2013 National and Local Elections, and thereafter transmit the COC's for the position of Governor, Vice-Governor and Congressman to the Provincial Board of Canvassers;

"CONSEQUENTLY, herein candidates, CARMENCITA O. REYES, ROMULO A. BACORRO and REGINA ONGSIAKO REYES are hereby PROCLAIMED winners in their respective positions aspired, which are Governor, Vice-Governor of the province and Congressman for the lone district of Marinduque respectively.

xxx

"This Order is final and executory.
"Motions for reconsideration shall not be entertained.

SO ORDERED."

The said order was signed by the Provincial Board of Canvassers, namely Atty. Edwin R. Villa, Chairman, Pros. Bimbo A. Mercado, Vice-Chairman and Mrs. Magdalena M. Lim, Secretary (she's DepEd Division Superintendent in Marinduque).

Since yesterday however even sources from the Comelec provincial office are denying that there was such a proclamation that transpired, never mind the cheers and jubilation of the supporters of the proclaimed candidates as soon as they heard the DepEd Division Superintendent Magdalena Lim reading that proclamation.


"Consequently, herein candidates, CARMENCITA O. REYES, ROMULO A. BACORRO and REGINA ONGSIAKO REYES are hereby PROCLAIMED winners...", stated the order.

The Order was clearly signed by the three members of the Provincial Board of Canvassers and as confirmed by its Secretary after reading the Order, contrary to claims otherwise that's being circulated.