Wednesday, May 29, 2013

Noncandidate in a Samar town also proclaimed winner



As I See It

Noncandidate wins as mayor of Samar town

By 
Repost from 
This one is for the books: A reelectionist mayor was defeated by a noncandidate in the May 13 local elections, and the board of election canvassers proclaimed the noncandidate as the winner. Only in the Philippines.

How and where did this happen? On Oct. 3, 2012, Nicasio L. Abaigar filed his certificate of candidacy (COC) for mayor of Calbiga, Samar. On the same day, Calbiga Mayor Melchor F. Nacario filed his own COC. Nacario had served as town mayor for four terms, with a gap between the third and fourth terms.

On Oct. 10, 2012, Santiago B. Abelido, a registered voter and a resident of Calbiga, petitioned the Commission on Elections “to deny due course to or cancel the [COC]” of Abaigar, on the ground of misrepresentation. In the document, Abaigar claimed that he is a registered voter of Calbiga, Samar; that he has been a resident of the Philippines since birth; and that he is not a permanent resident of or an immigrant to a foreign country. All of these are false, Abelido said.

It turned out that at the time that he filed his COC, Abaigar was not a Filipino citizen but an American citizen and a permanent resident of Sacramento, California.  Based on the records, Abaigar entered the Philippines on Sept. 27, 2012, using his US passport with number 208986310, and left on Oct. 8, 2012. He filed his COC on Oct. 3, 2012.

The Comelec said in its decision: “It bears stressing that he (Abaigar) was using a US passport from Jan. 30, 2000, to the time he left the Philippines [in] 2012. This means only one thing: Abaigar underwent naturalization process in the United States; he was born in the Philippines of Filipino parents. Based on current jurisprudence, Abaigar abandoned his Filipino citizenship and was divested of his domicile in the Philippines when he was naturalized.”

The poll body cancelled Abaigar’s COC for mayor of Calbiga. Abaigar filed a motion for reconsideration, but the Comelec en banc denied it for lack of merit.

Nevertheless, Abaigar’s name remained on the ballot.

On May 12, 2013, Abelido sought from the Comelec en banc an “omnibus motion (A) not to count/canvass the votes and/or (B) suspend proclamation.”

But at noon on Election Day, after the voting, the board of canvassers started canvassing the votes. The final result of the canvassing: Abaigar, Nicasio L.: 5,804 votes; Nacario, Melchor F.: 5,747 votes; and Daciag, Jaime S.: 27 votes.
Abaigar had won by 57 votes.

Despite the protests of Nacario’s counsel, the board of canvassers proclaimed Abaigar as the duly elected mayor of Calbiga on May 14. The next day, Abaigar flew back to the United States.

Nacario subsequently filed a petition at the Comelec to annul the proclamation of Abaigar as mayor-elect of Calbiga. He argued that Abaigar was no longer a candidate at the time of the election, the Comelec en banc having denied with finality his motion seeking reconsideration of the cancellation of his COC.

Nacario also said a resolution that is final and executory is defined by the Comelec thus: “A decision or resolution is deemed final and executory if, in case of a Division ruling, no motion for reconsideration is filed within the reglamentary period, or in cases of rulings of the Commission En Banc, no restraining order is issued by the Supreme Court within five days from receipt of the decision or resolution.”

He said it was clear that the effects of the Comelec en banc resolution canceling one’s COC can only be suspended by a restraining order from the Supreme Court. He pointed out that Abaigar had not even filed an appeal at the high court at the time of his proclamation.

Thus, the Comelec en banc resolution canceling Abaigar’s COC being final and executory, Abaigar could not be considered a qualified candidate during the May 13 elections, Nacario said. He added that according to the rules, votes cast in Abaigar’s favor are considered stray votes.

He cited this relevant provision: “Section 9. Effect of granting a Petition—In the event a Petition to Deny Due Course to or Cancel a Certificate of Candidacy is granted by final judgement as defined in the immediately preceding section, the votes cast for the candidate whose certificate of candidacy has been cancelled or denied due course shall be deemed as stray votes.”

“A cancelled COC cannot give rise to a valid candidacy, much less to valid votes,” Nacario argued, citing Bautista v. Comelec, GR No. 133840, Nov. 13,1998, 298 SCRA 480. “His COC being cancelled, Abaigar should not have been treated as a candidate at all, and votes in his favor should not have been counted and considered by the MBOC.”

Nacario also said that he being the only eligible and qualified candidate who got the highest number of votes, it is he who should have been proclaimed.

There is a similar case (Maquiling v Comelec, Arnado & Balua, GR 195649), decided last April 16,  in which the Supreme Court ruled: Citizenship is not a matter of convenience… While those who acquire dual citizenship by choice are afforded the right of suffrage, those who seek election or appointment to public office are required to renounce their foreign citizenship to be deserving of the public trust. Holding public office demands full and undivided allegiance to the Republic and to no other.


Read more: http://opinion.inquirer.net/53513/noncandidate-wins-as-mayor-of-samar-town#ixzz2UdVIBUcE
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Friday, May 24, 2013

From petition to cancel COC, final judgment, 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.

xxx

"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. At this point the canvassing of votes has not even started for candidates for Representative, Governor, Vice-Governor and Board Members.

Thursday, May 23, 2013

Prof. Winnie's view on proclamations and dynasties



Of proclamations and dynasties

By 
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 TaƱadas 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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Wednesday, May 22, 2013

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
    Print
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.

“MarinduqueƱos 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.

Tuesday, May 21, 2013

American proclaimed in Marinduque




American proclaimed in Marinduque

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.

Monday, May 20, 2013

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



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 MarinduqueƱos 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

Gina Reyes: American citizen, she herself admitted

Repost from Manila Bulletin. mb.com.ph


Comelec disqualifies Marinduque congressional bet


THE Commission on Elections en banc on Tuesday affirmed with finality the Commission's First Division resolution cancelling Regina Ongsiako Reyes’ Certificate of Candidacy for the position of congresswoman of the lone district of Marinduque.

Voting five to one with one abstention, the Comelec disqualified Reyes.

Comelec Chair Sixto Brillantes did not provide details for his dissent. Commissioner Luie Guia took no part in the deliberation and abstained from the case while Commissioner Christian Lim submitted a separate opinion concurring with the decision.

The Comelec’s First Division said Reyes is a US citizen. It also relied on the certificate issued by the Bureau of Immigration detailing Reyes’ use of a US passport since 2005.

“Unless and until she can establish that she had availed of the privileges of RA 9225 by becoming a dual Filipino-American citizen, and thereafter, made a valid sworn renunciation of her American citizenship, she remains to be an American citizen and is, therefore, ineligible to run for and hold any elective public office in the Philippines,” the Comelec said.

Reyes admitted in her Motion for Reconsideration that she is indeed an American citizen but claimed to be a dual citizen of the Philippines and of the United States due to her previous marriage to Saturnino S. Ador Dionisio. 

She claimed she acquired her U.S. citizenship by virtue of her marriage to a U.S. citizen but she denied having undergone naturalization.

The Comelec en banc, however, was not persuaded by Reyes’ claim considering that she was not able to present any legal or factual basis, therefore, it ruled that Reyes failed to substantiate her claims and her contention was merely a rehash of her previous arguments.

A concurring opinion by Commissioner Christian Robert S. Lim stressed that Reyes failed to comply with the requirements set forth by RA 9225 with regards to reacquisition of her Filipino citizenship. He also emphasized that Reyes failed to prove that she is a resident of Marinduque one year before the elections.

Section 6 of Republic Act 6646 stated that any candidate who has been declared by final judgment to be disqualified shall not be voted for, and the votes cast for him shall not be counted.

Reyes’ disqualification paved way for the proclamation of the remaining candidate Cong. Lord Allan Jay Q. Velasco.

The May 14 resolution stemmed from a petition filed by Joseph Tan asking Comelec to cancel Reyes’ Certificate of Candidacy on the basis of several false representations she made in her CoC.

Comelec affirms ruling on Reyes case

Repost from Manila Standard Today



Poll body affirms ruling on Reyes case

By Joel E. Zurbano | Posted on May. 18, 2013 at 12:01am | 656 views
The Commission on Elections on Friday affirmed an earlier ruling of its first division cancelling the certificate of candidacy of Regina Ongsiaco Reyes for the lone congressional seat in Marinduque.
The commission en banc voted 5-1 with one abstention affirming the March 27 decision of against Reyes’ candidacy.
Comelec chairman Sixto Brillantes dissented but did not provide a reason for his position, while Commissioner Luie Guia abstained.
Commissioner Christian Robert Lim, on the other hand, submitted a separate opinion concurring with the ponencia.
The First Division presided by Commissioner Elias Yusoph held 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.
It stated that “Unless and until she can establish that she had availed of the privileges of RA 9225 by becoming a dual Filipino-American citizen, and thereafter, made a valid sworn renunciation of her American citizenship, she remains to be an American citizen and is, therefore, ineligible to run for and hold any elective public office in the Philippines.”
Reyes admitted in her Motion for Reconsideration that she is indeed an American citizen, but claims to be a dual citizen of the Philippines and of the United States due to her previous marriage to Saturnino S. Ador Dionisio.  She claimed that she  had acquired her US citizenship by virtue of her marriage to a US citizen but denied that she had undergone naturalization.
But the Commission denied the motion, saying it lacked merit. It said Reyes was not able to present any legal or factual basis, and failed to substantiate her claims that were merely a rehash of previously made arguments.

Friday, May 17, 2013

That shotgun proclamation!

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.

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

Part of the 'Catch-me' game between provincial election supervisor
and process server from COMELEC. Other photos below.

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 turns his back...

Supervisor moves away...

...away

farther away as an unidentfied man follows him...

away to the opposite end of the hall

farther away as the process server stops 

...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...

and waits

till someone approaches the process server



Supervisor orders reading of the proclamation



                                              ... ignored process server remains standing.