Proclamation of winning candidates in Antique stalled anew
Commission on Elections (Comelec)
regional director Atty. Renato Magbutay
appears puzzled by the current political
impasse happening in the province of
Antique.
A.Chris Fernandez photo
SAN JOSE, ANTIQUE--No winners have been declared in Antique province a month after the elections after a special board of canvassers again suspended the proclamation of candidates on Friday.
The board of canvassers suspended its session around 1 p.m., three hours after it started, after former assemblyman Arturo Pacificador questioned the legality of the appointment of a new board of canvassers and the composition of the body.
Pacificador submitted a four-page petition at the start of the session claiming that the composition of the board was illegal because it violated the Omnibus Election Code on who can be appointed as members of the provincial board of canvassers.
He questioned the appointment of Commission on Election assistant regional director Tomas Valera, as assistant chairman of the board, and Iloilo provincial election supervisor Elizabeth Doronila as the board's secretary.
He said election laws limit the choice of members of the PBOC to the provincial auditor, register of deeds, clerk of court and any other appointed provincial official.
The new three-member PBOC, chaired by Comelec regional director Renato Magbutay, was formed on June 7 after the Comelec's First Division dissolved the former board. The Comelec had also ordered the resumption of canvassing of votes and the proclamation of winning candidates of the province.
Gov. Salvacion Zaldivar-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 questioned why it was only the First Division that decided on the dissolution of the previous board and the formation of a new one instead of the Commission en banc.
"This board should not canvass and proclaim as winner any candidate," said Pacificador in an interview.
The new PBOC issued a ruling during the session dismissing Pacificador's petition saying the First Division had the authority to decide on the issue. It also said that Pacificador should have directed his petition to the Comelec in Manila which appointed the new PBOC.
But despite dismissing Pacificador's petition, the new PBOC decided to suspend its proceedings because of his intent to appeal the ruling.
"The composition of the board is being questioned. It is now constrained to suspend with the canvassing and proclamation of winners," Magbutay explained. He said that their acts could be declared illegal if they proceed with the proceedings.
Magbutay said under election rules, Pacificador has five days to file his appeal after which the Comelec will issue a ruling within two days.
Perez's legal counsel said the board should have not have entertained Pacificador's petition if it should have been addressed to the Comelec in Manila.
"They should have proceeded with the canvassing and proclamation because they have no authority to resolve the legality of their appointment as PBOC," said lawyer Guillermo Alcantara.
Perez said they will ask the Comelec in Manila "to call or discipline" the members of the new PBOC for failing to proclaim the winning candidates.
"The people of Antique are already exasperated why (the winning candidates) have not been proclaimed until now," Perez said in a press conference after the board suspended its session.
She accused Pacificador of "sour-graping" and intentionally delaying the proclamation of winners.
But Pacificador said he is only availing of his legal rights and remedies provided by election laws and rules.