Comelec gives go signal to Tupas proclamation
Reelected Governor Niel D. Tupas Sr. will be proclaimed 2 p.m. today by the Provincial Board of Canvassers despite the petition filed by lawyer Virgilio Sindico of the People's Graftwatch of Iloilo (PGI) asking for the suspension of Tupas's proclamation.
Stated in Resolution No. 8062, Commission on Elections (Comelec) ruled that there shall be "no suspension of proclamation of winning candidates with pending disqualification cases."
The resolution promulgated May 18, 2008 pertains to the adoption of policy guidelines on urgent concerns in connection with the May 14, 2007 national and local elections.
It was signed by Comelec Chair Benjamin Abalos Sr. and commissioners Resurreccion Borra, Florentino Tuason Jr., Romeo Brawner, Rene Sarmiento and Nicodemo Ferrer.
Earlier, Sindico filed a Motion For Suspension of Canvassing and/or Proclamation against Tupas citing the two dismissal orders handed by the Office of the Ombudsman on the governor.
Based on the final count Tupas lorded over Vice Governor Roberto Armada by a wide margin of 185,919 votes. Tupas got 377,803 votes while Armada only got 191,884 votes.
Last week, the Supreme Court's (SC) finally ruled junking the petition filed by Vice Governor Roberto Armada and Board Member Manny Gallar against the Court of Appeals (CA), Governor Niel Tupas Sr. Board Members Domingo Oso Jr. and Cecilia Capadosa.
Deemed as the last legal recourse of the petitioners, the SC in an en banc Desicion moved to resolve the controversial case that stemmed on two dismissal cases of the Governor and the two board members.
The Vice Governor alongside Board Member Gallar petitioned the SC following its objections on the earlier CA ruling that granted the permanent injunction on the Tupas dismissal case and declaring "null and void" the earlier orders from the Office of the Ombudsman to implement the same.
Yet as the SC now ruled as contained in G.R. 177083, the Petition was dismissed for "being the wrong remedy as appeal by petition for review is the available, plain, speedy and adequate remedy." Further still, the Highest Court also averred that the petition was to be dismissed for "being premature as no motion for reconsideration has been filed with the respondent tribunal and there are no sufficient allegations to bring the case within the recognized exceptions."
And lastly, the decision to dismiss Armada and Gallar's Petition was also based on the SC's position that what the issues actually raised are "errors in judgment and not errors in jurisdiction" as argued by the duo through their counsels.
The Tupas dismissal cases stemmed from the findings of the Office of the Ombudsman, the government's anti-graft body that found the governor and the two board members guilty of dishonesty. An order for their perpetual disqualification from government employ was also issued however legal battle that ensued managed to put a stay on the execution.
Yet with the latest SC ruling virtually comes the end to the legal maneuverings with the petitioners said to have miserably lost in its attempt to have the dismissal orders implemented.