Comelec exec clarifies: No canvass suspension unless ordered by Comelec Central Office
Under no circumstance can a disqualification case prevent the canvassing of election returns. And under no circumstance can any member or official of the Board of Canvassers order the suspension in canvassing of election returns unless allowed by the Central Office of the Commission on Elections (Comelec).
Such was yesterday's clarification made by Comelec Regional Director Renato Magbutay amidst the controversial canvassing in the province of Antique.
For two days straight now, canvassing was not made following the objection posed by gubernatorial candidate, Arturo Pacificador.
Serving as his own lawyer, Pacificador argued before the Board of Canvassers headed by Election Supervisor Gil Barcenal that pending the resolution of the disqualification case he filed before the Commission, "there is a need to suspend the canvassing of votes for the position of Governor in the Province of Antique."
To continue with the canvassing, Pacificador maintained, would be "an exercise in futility considering that in the event that the Commission will decide on their disqualification, all votes cast in their favor will be considered stray votes because they are not candidates to be voted upon on the May 14, 2007 elections."
A big mistake and wrong argument, Director Magbutay countered though when reached for comment by The News Today.
What happened in Antique, he was told, was that the canvassing went on "recess" and not a suspension. Further still, Director Magbutay stressed, "it is wrong to say that canvassing can be suspended because of a pending disqualification case. That is entirely different—the disqualification case. And it is beyond the power of the Board of Canvassers in Antique to call for the suspension. Only the Comelec Central Office can order that and to date, Central Office has not issued one for Antique. Canvassing must continue."
"Nakausap ko na si (I already spoke with) Atty. Barcenal. He said they were just going over the opposition raised by Pacificador. So no, there was no suspension but merely a recess on their canvassing there," he added.
Latest unofficial results showed a comfortable lead in the reelection bid of Governor Sally Zaldivar-Perez with at least 15,000 votes from the 18 Antique towns. Pacificador is second while former Governor Jovito Plameras is third in the three-cornered gubernatorial fight here.
Whether suspension or recess, noted Ilonggo lawyer Guillermo Alcantara, lead counsel for Perez hit the delay in canvassing saying "the mere scrap of paper should not have stopped it."
Alcantara further called the delay "illegal" as he called on top Comelec officials to intervene and settle the issue.
Asked on the possible harm done to his client, Alcantara said they are actually more concerned on why the delay was allowed.
"This is a simple issue on hand and it should not take them hours to think. Our position is that the Motion of Pacificador to stop the canvassing because of an unresolved disqualification case has no legal basis. Antique has made history here."
Pacificador in his insistence of a suspended canvassing of the gubernatorial results further argued that as far as he is concerned, "there is no law that prohibits the suspension of canvass during the pendency of the disqualification proceedings therefore it could be allowed in the name of justice and equity.
"What equity?" Alcantara quipped.