Poll protest linked to battle for Senate presidency

(This story came out last Tuesday but Basiang got in the way from my posting it here.)

by Lynda Jumilla and Ces Oreña-Drilon, ABS-CBN News

Senate Electoral Tribunal’s findings present strong proof of cheating in 2007 polls

The Senate Electoral Tribunal (SET) has voted to recount over 75% of 73,000 precincts nationwide in the 2007 senatorial elections, after Senator Juan Miguel Zubiri filed a counter-protest to an electorial complaint filed by Atty. Aquilino “Koko” Pimentel III.

The SET voted to do the recount, which could last beyond Zubiri’s term, even if it was already proven that Pimentel won over Zubiri in the polls.

With just a little over 18,000 votes, Juan Miguel Zubiri snatched the last spot in the 2007 senatorial elections from Aquilino “Koko” Pimentel III.

But Zubiri’s lead was promptly erased and even surpassed when the Senate Electoral Tribunal reviewed the election results on the basis of an election protest filed by Pimentel.

Official SET documents showed Pimentel recovered more than 257,000 votes from more than 2,600 precincts in Maguindanao, Lanao del Norte and Sur, Shariff Kabunsuan, Sultan Kudarat, Sulu and Basilan.

But while Pimentel’s apparent win was established by the tribunal way back in 2008, he could not be proclaimed because Zubiri filed a counter protest.

Zubiri claimed he was cheated in more than 73,000 precincts all over the country.

In a meeting with columnists today (July 16), Zubiri said he is challenging Pimentel to have the 10,000 ballot boxes in Metro Manila opened and if they “don’t find substantial evidence of cheating”, he will voluntarily resign from his post.

In asked him about his being number one in Maguindanao in the 2007 special election. He merely said ,there are people who operate independently and he did not have anything to do with it. There was no denial of an Ampatuan-fixed election result which was what happened in 2007.

And judging from a June 4, 2010 resolution handed down by the SET and furnished ABS-CBN News, the election controversy is bound to drag on till the end of Zubiri’s questioned term and even beyond. This is because the SET ordered the scrutiny of the remaining 75% of the election results being protested by Zubiri.

‘Fake ballots cast’

The tribunal said initial revision of 25% of the results showed that more than half of the ballots cast were fake.

SET rules require initial scrutiny of 25% of the protested precincts to determine if there is basis to proceed with the revision of the rest of the results.

Seven of the 9 SET members voted in favor of proceeding with Zubiri’s protest.

They are Senators Edgardo Angara, Richard Gordon, Loren Legarda, Lito Lapid, and Francis Pangilinan, and Supreme Court Associate Justices Presbitero Velasco Jr. and Teresita de Castro.

Angara and Zubiri both claim to be part of a Senate bloc, together with Legarda and Lapid.

But no less than the SET chair, Supreme Court senior Associate Justice Antonio Carpio disagreed with the tribunal’s ruling.

SET chair disagrees with ruling

ABS-CBN News obtained a copy of Carpio’s strongly worded dissenting opinion, where he dismissed as “utterly baseless” the majority’s claim of more than 50% spurious ballots.

Carpio said the SET’s own tabulation showed that only 2% of the revisited ballots were found to be fake.

From the initial 25%, Zubiri recovered less than 12,000 votes and is expected to get not more than 46,000 in all his protested precincts.

Carpio said it’s clear from the tribunal’s own tabulation that Pimentel posted an insurmountable lead over Zubiri.

Senator Pia Cayetano also voted against continuing with Zubiri’s protest.

Linked to battle for Senate presidency?

Observers say the battle between Pimentel and Zubiri at the SET is linked to the race for the Senate presidency.

This is because the various candidates for Senate president are all vying for Zubiri’s vote.

This is why Pimentel is asking that Senators Angara, Legarda, and Lapid be disqualified from sitting at the SET.

The three voted in favor of Zubiri’s counter-protest, asking the SET to review votes in over 70,000 precincts nationwide after an SET recount of votes in 7 Mindanao provinces contested by Pimentel showed him leading by over 200,000 votes.

Pimentel said it is obvious the three senators are partial to Zubiri, since the senator from Bukidnon himself admitted to being a member of the so called “Magnificent 7” led by Angara.

“Siguro mabuti mag-inhibit na lang sila. Baka naman hindi na nila kayang objectively na mag-isip tungkol sa kaso,” Pimentel said.

Zubiri, however, said the way the three senators voted has no connection with him being a member of Angara’s group.

“Yung bloc na ito ay for purposes of the Senate presidency lamang,” Zubiri said.

Angara also belittled Pimentel’s contention. “Very superficial ground…parang desperadong argument.”

Pangilinan was another senator who voted in favor of Zubiri’s counter protest.

Some observers now say this could be part of his plan to get Zubiri’s support in his bid for the Senate presidency.

But Pangilinan denied these rumors, saying Zubiri has not yet talked to him on the matter.

Even as Zubiri insists that the race for the Senate presidency and the protests at the SET are separate matters, Pimentel believes, he is a victim of Senate politics.