Comelec reg'l director leads new canvassers board in Antique
The Commission on Elections (Comelec) has relieved the provincial board of canvassers (PBOC) of Antique and ordered the continuation of the canvassing of votes and the proclamation of winning candidates in the province.
In a five-page resolution promulgated on June 7, the Comelec's First Division also dismissed the pre-proclamation protest filed by gubernatorial candidate former assemblyman Arturo Pacificador who had asked for the suspension of canvassing of votes for governor and the proclamation of the winner in the gubernatorial race.
The resolution issued by Commissioners Resurreccion Borra and Romeo Brawner ordered the formation of a new PBOC composed of Comelec Western Visayas director Renato Magbutay (chair) assistant Comelec regional director Tomas Valera (vice chair) and Iloilo election supervisor Elizabeth Doronila (secretary).
The new PBOC was directed to convene after giving notice to all parties and proceed with the canvassing of returns and proclamation of winning candidates.
No reason was given in the resolution on the recomposition of the PBOC. But Magbutay said it was to hasten the proceedings.
"The Commission wants to break the impasse in Antique and to avoid further delays," said Magbutay in a telephone interview.
Antique Gov. Salvacion Zaldivar-Perez earlier asked for the relief of the PBOC composed of provincial election supervisor Gil Barcenal, provincial prosecutor Napoleon Abiera and schools division superintendent Corazon Brown for the delay in proclaiming the winning candidates.
Perez is leading the elections based on election returns from the province's 18 municipalities with 68,867 votes against Pacificador who got 55,502 votes and Jovito Plameras who garnered 54,062 votes.
Pacificador's objection
Pacificador had earlier objected to the inclusion of certificates of canvass of 15 towns alleging that these were "all fraudulent, prepared under duress or were altered or padded."
The PBOC dismissed the motion but Pacificador appealed the case to the Comelec en banc.
In dismissing the protest filed by Pacificador, the Comelec's First Division said the former assemblyman has not filed any pleading before the commission other than a notice of appeal that he filed on May 21. Under Comelec rules, Pacificador had until May 25 to file his appeal.
But the resolution pointed out, that even if Pacificador had filed the appeal, the petition would still be "without merit."
It said protests contesting elections returns from the municipalities should have been raised before the returns were canvassed by the municipal board of canvassers.
"At this stage, the regularity of the preparation, transmission and appreciation as well as the integrity of the election returns have already been put to rest and could not be anymore questioned," the resolution read.
It said that "once the returns are included in the canvass without any objections, these cannot be anymore contested."
Reached for comment, Pacificador said he has not yet received a copy of the resolution.
But he pointed out that under election rules, they have seven days after receipt of a copy of the resolution to file their appeal.
He said his camp will still study the resolution and has the option to file a motion for reconsideration before the Comelec en banc or before the Supreme Court.
"I just hope that it (canvassing and proclamation) will not be railroaded and no legal shortcuts should be made. The resolution is not final and executory until the period to appeal has lapsed," Pacificador said in a telephone interview.
Recomposition questioned
He also questioned the recomposition of the PBOC saying they received no copy of any motion to change PBOC or were given an opportunity to aid their side on the change.
Magbutay said he plans to convene the new PBOC on Friday next week and proceed with proclamation of the winning candidates.
Aside from governor, the winning candidates that has yet to be proclaimed include those for vice governor and 10 provincial board members.
The Comelec's Second Division had earlier also dismissed the petition filed Pacificador to suspend the canvassing of votes for the position of governor and the suspension of the proclamation of Perez until disqualification cases he filed against Perez and Plameras are resolved.