Losing gubernatorial bets want Perez's proclamation declared 'null and void'
Barely a week after Antique officials took office, losing gubernatorial candidates have filed a petition to annul the proclamation and oath of office of Gov. Salvacion Zaldivar-Perez
In a nine-page joint petition filed before the Commission on Elections central office on July 3, former assemblyman Arturo Pacificador and former congressman Jovito Plameras asked the poll body to declare the June 29 proclamation of Perez and her oath office a day after as "null and void."
Named respondents were Perez and the Special Provincial Board of Canvassers (SPBOC) composed of Daisy Real, Acting Director III of the Comelec's Planning Department, Jessie Suarez, Negros Occidental supervisor, and Mavil Marajucon, Bacolod City election officer.
The SPBOC on June 29 proclaimed Perez as the re-elected governor with a margin of more than 13,000 votes against her closest rival former assemblyman Arturo Pacificador based on results from the province's 1,855 precincts.
In their petition, Pacificador and Plameras said the SPBOC violated Section 244 of the Omnibus Election Code when it proceeded with the canvassing of votes and the proclamation of winning candidates.
They pointed out the Comelec en banc has not yet ruled on their objection to the legality of the composition of the SPBOC and of the previous SPBOC chaired by Comelec regional director Renato Magbutay.
The petitioners also alleged that the Comelec's First Division committed "grave abuse of discretion" when it issued an order on June 22 relieving the SPBOC chaired by Magbutay and creating the SPBOC headed by Real. They said the order was issued even if pending objections to the creation of the Magbutay SPBOC were not yet resolved.
Pacificador and Plameras, both lawyers, also questioned why they were not furnished a copy of the resolution of the First Division on the convening of the SPBOC on June 29 but were only given a notice. They only received a copy of the resolution when the board had convened, they said.
Perez's legal counsel Guillermo Alcantara said they will answer the petition but pointed out that all protests of the petitioners on alleged irregularities in the elections and the preparation of the certificates of canvass have been dismissed because they failed to substantiate these allegations.
Real said it is Pacificador's right to to file any legal action questioning the poll body's decision. But she said they were only executing an order of the Comelec and the mandate of Antiquenos.
Pacificador had also said that he will file disbarment and administrative cases against Real, Suarez and Majarucon.