PPCRV Recount PR 3
September 17, 2009
Contact: PPCRV Secretariat at Tel. Nos. 860-53-38 or 961-41-12
Physical Recount Over, COMELEC to Set Hearings Soon
The Commission on Elections (COMELEC), on Wednesday (September 16, 2009), wrapped up work on the physical recount (which is stage 1 of the recount process involving sorting and classifying ballots and recording claims/objections) as the remaining 104 of the 4,839 ballot boxes were opened for revision.
As text messages containing figures and claiming victory for former Board Member Lilia Pineda started circulating on Wednesday, 2nd Division Presiding Commissioner Nicodemo T. Ferrer reiterated his earlier statement that, “At this point, we do not know who is going to prevail. The COMELEC is not bound by press releases but by concrete evidence.” He admitted that this particular case had the biggest number of revision committees because time had been running out. The most number of committees ever created for a recount was 10 to 12 partly because of limited space at the COMELEC office in Intramuros, Manila .
In a meeting with representatives of the Parish Pastoral Council for Responsible Voting (PPCRV-Pampanga) and the Holy Rosary Parish-Social Action Center (HRP-SAC), Comm. Ferrer stated that the Pampanga recount case will be resolved before the 2010 elections (although a definite time frame has not be set and will largely depend on the hearings and motions to be filed). He added that the COMELEC will not allow any party to delay the process any further and will instill discipline in the court hearings that are expected to start after the reports have been submitted and reviewed. The twenty one (21) revision committees have 10 days (from the end of the physical recount) to submit their consolidated committee reports for review of the COMELEC 2nd Division before the court hearings are set.
The Pampanga Recount stemmed from an election protest filed last May 25, 2007 by losing gubernatorial candidate Lilia Pineda against Gov. Eddie Panlilio on allegations of mis-appreciation and misreading of ballots and fraud and irregularities. The case reached the Supreme Court which issued an order stopping the COMELEC from retrieving the ballot boxes - an order that was lifted last July 15, 2009 paving the way for a recount that started on August 12, 2009.
All ballot boxes from Pampanga (excluding those of Angeles City) were immediately retrieved and brought to the COMELEC warehouse at the Maxi-lite Bldg. in U.N. Avenue for safekeeping until the physical recount could be completed. Juanito Roño, COMELEC-employed Custodian stationed at the warehouse revealed that three sets of security forces including the COMELEC’s ECAD (Electoral Contest Adjudication Department), an organic security force and the Special Action Force (SAF) have joined forces to provide ample security and protect the integrity of the ballots.
“This is part of democracy; everybody is entitled to due process,” said Comm. Ferrer as he urged the public to ‘at least presume that we are honest unless proven otherwise’ in the midst of controversies surrounding the Pampanga recount case. “Give us the benefit of the doubt,” he appealed as he recounted that the COMELEC has always been blamed by losing candidates and their supporters after each election. “Let’s give automation a try this coming 2010 elections instead of conjuring scenarios that sow fear and panic among the people,” he added. xxx
Friday, September 18, 2009
Tuesday, September 15, 2009
COMELEC TO WRAP UP PHYSICAL RECOUNT IN A WEEK’S TIME
PPCRV PR 2
September 10, 2009
Contact: PPCRV Secretariat at Tel. Nos. 860-53-38 or 961-41-12
Long tables and benches occupied by twenty one revision committees fill the lobbies and the corridors of the 7th and 8th floors of the Palacio del Gobernador in Intramuros. The now familiar sight of yellow ballot boxes with masking tape seals and padlocks litter the hallway, some waiting to be picked up for the revision and some with the “Revised” label waiting to be hauled back to the warehouse.
The revisors are hard at work – sorting and segregating the ballots, opening the ballot boxes with the help of a wrench, examining the condition of the boxes and the documents contained therein, recording the observations, writing reports, photocopying contested ballots, etc. Once in a while, they briefly lift their gaze to welcome visitors and guests with inquisitive looks or cheerful greetings.
Such is the atmosphere at the COMELEC office, site of the on-going physical recount of ballots. As Kapampangans wait with bated breaths for the outcome of the on-going recount of the gubernatorial votes (Lilia Pineda vs. Eddie Panlilio, filed on May 25, 2007), the COMELEC office in Intramuros, Manila hums with activity in a bid to beat the 45-day timeframe set for the completion of the recount process.
True to its commitment to monitor the recount process and give factual information to the public, the Parish Pastoral Council for Responsible Voting (PPCRV-Pampanga) sent four representatives to the COMELEC office on Wednesday, September 9, 2009 to document the recount process and hold an audience with Hon. Nicodemo T. Ferrer, Presiding Officer of the COMELEC 2nd Division for updates.
“We have a week to go before we wrap up on the physical recount,” said Comm. Ferrer. He pointed out that this is 10 to 15 days less than the original target of 45 days. The recount of Pampanga votes started on August 12, 2009 after the Supreme Court en Banc ordered the COMELEC to proceed with the recount in a ruling issued last July 15, 2009. (Please see attached Status of Recount).
Comm. Ferrer explained that when Gov. Panlilio filed a motion to suspend the recount for a few weeks due to lack of funds to pay for his revisors, the COMELEC responded by speeding up the process to cut down on the number of days and, hence, on cost. Panlilio’s camp responded by appealing to its revisors for a little sacrifice to allow them to decrease the daily allowance from P550 to P 300 per day, a move that has allowed Panlilio to continue sending revisors.
Comm. Ferrer emphasized that at this point, it is impossible for anybody to know how the COMELEC will rule on the case. This runs contrary to earlier news reports that Pineda was winning in the recount and would assume office as Governor of Pampanga before the year ends. Both Comm. Ferrer and Atty. Allen Francis Abaya, Clerk of Court of the COMELEC 2nd Division assured the public that both parties will be given a fair chance to prove and disprove allegations based on concrete evidence to be presented during the hearings.
The two COMELEC officials added that after the physical recount, a legal battle is expected to ensue between the parties (Pineda and Panlilio) to assert their positions – a battle that may reach the Supreme Court. Following the physical revision of the ballots, the Clerk of Court will collate individual reports from each of the twenty one committees for submission to the 2nd Division which is composed of the following Commissioners: Hon. Nicodemo T. Ferrer (who succeeded Comm. Florentino Tuason and Rene Sarmiento as Presiding Officer of the 2nd Division); Hon. Lucenito N. Tagle and Hon. Elias R. Yusoph. The 2nd Division will then set hearings, examine the reports and the contested ballots and review the evidences presented by both parties before coming up with a resolution on the case. Motions and counter-motions could be filed with the COMELEC en banc and appeals could be filed with the Supreme Court later.
When asked about the pending disqualification case filed by Averell Laquindanum against Lilia Pineda for vote-buying, Comm. Ferrer stated that its outcome will not, in any way, affect the recount case. He added that the disqualification case which stems from an alleged election offense was re-raffled and is now handled by the 1st Division. It was revealed that the ponente is currently in the process of penning a resolution on the case.
“We appreciate organizations like the PPCRV which help us reach out to voters (so that they will be aware of what is going on),” said Comm Ferrer. “In protest cases such as this, people are usually suspicious of what we are doing. It causes unnecessary tension,” he added, noting that this is a celebrated case that is closely followed by the media and the people. He appealed to the lawyers of both parties to “help us do our job well instead of causing confusion by issuing premature claims”.
September 10, 2009
Contact: PPCRV Secretariat at Tel. Nos. 860-53-38 or 961-41-12
Long tables and benches occupied by twenty one revision committees fill the lobbies and the corridors of the 7th and 8th floors of the Palacio del Gobernador in Intramuros. The now familiar sight of yellow ballot boxes with masking tape seals and padlocks litter the hallway, some waiting to be picked up for the revision and some with the “Revised” label waiting to be hauled back to the warehouse.
The revisors are hard at work – sorting and segregating the ballots, opening the ballot boxes with the help of a wrench, examining the condition of the boxes and the documents contained therein, recording the observations, writing reports, photocopying contested ballots, etc. Once in a while, they briefly lift their gaze to welcome visitors and guests with inquisitive looks or cheerful greetings.
Such is the atmosphere at the COMELEC office, site of the on-going physical recount of ballots. As Kapampangans wait with bated breaths for the outcome of the on-going recount of the gubernatorial votes (Lilia Pineda vs. Eddie Panlilio, filed on May 25, 2007), the COMELEC office in Intramuros, Manila hums with activity in a bid to beat the 45-day timeframe set for the completion of the recount process.
True to its commitment to monitor the recount process and give factual information to the public, the Parish Pastoral Council for Responsible Voting (PPCRV-Pampanga) sent four representatives to the COMELEC office on Wednesday, September 9, 2009 to document the recount process and hold an audience with Hon. Nicodemo T. Ferrer, Presiding Officer of the COMELEC 2nd Division for updates.
“We have a week to go before we wrap up on the physical recount,” said Comm. Ferrer. He pointed out that this is 10 to 15 days less than the original target of 45 days. The recount of Pampanga votes started on August 12, 2009 after the Supreme Court en Banc ordered the COMELEC to proceed with the recount in a ruling issued last July 15, 2009. (Please see attached Status of Recount).
Comm. Ferrer explained that when Gov. Panlilio filed a motion to suspend the recount for a few weeks due to lack of funds to pay for his revisors, the COMELEC responded by speeding up the process to cut down on the number of days and, hence, on cost. Panlilio’s camp responded by appealing to its revisors for a little sacrifice to allow them to decrease the daily allowance from P550 to P 300 per day, a move that has allowed Panlilio to continue sending revisors.
Comm. Ferrer emphasized that at this point, it is impossible for anybody to know how the COMELEC will rule on the case. This runs contrary to earlier news reports that Pineda was winning in the recount and would assume office as Governor of Pampanga before the year ends. Both Comm. Ferrer and Atty. Allen Francis Abaya, Clerk of Court of the COMELEC 2nd Division assured the public that both parties will be given a fair chance to prove and disprove allegations based on concrete evidence to be presented during the hearings.
The two COMELEC officials added that after the physical recount, a legal battle is expected to ensue between the parties (Pineda and Panlilio) to assert their positions – a battle that may reach the Supreme Court. Following the physical revision of the ballots, the Clerk of Court will collate individual reports from each of the twenty one committees for submission to the 2nd Division which is composed of the following Commissioners: Hon. Nicodemo T. Ferrer (who succeeded Comm. Florentino Tuason and Rene Sarmiento as Presiding Officer of the 2nd Division); Hon. Lucenito N. Tagle and Hon. Elias R. Yusoph. The 2nd Division will then set hearings, examine the reports and the contested ballots and review the evidences presented by both parties before coming up with a resolution on the case. Motions and counter-motions could be filed with the COMELEC en banc and appeals could be filed with the Supreme Court later.
When asked about the pending disqualification case filed by Averell Laquindanum against Lilia Pineda for vote-buying, Comm. Ferrer stated that its outcome will not, in any way, affect the recount case. He added that the disqualification case which stems from an alleged election offense was re-raffled and is now handled by the 1st Division. It was revealed that the ponente is currently in the process of penning a resolution on the case.
“We appreciate organizations like the PPCRV which help us reach out to voters (so that they will be aware of what is going on),” said Comm Ferrer. “In protest cases such as this, people are usually suspicious of what we are doing. It causes unnecessary tension,” he added, noting that this is a celebrated case that is closely followed by the media and the people. He appealed to the lawyers of both parties to “help us do our job well instead of causing confusion by issuing premature claims”.
Monday, September 14, 2009
Understanding the Recount Process
Contrary to a popular notion that the recount involves a simple re-counting and re-tallying of votes, what Commissioner Sarmiento described was a long process of checking and validating results. Applied to the Pineda vs. Panlilio case, the recount process is as follows:
Timeline of the Case
• On May 25, 2007, defeated candidate Lilia Pineda through her legal counsel, Atty. George Garcia filed an election protest against Gov. Panlilio on allegations of: a) mis-appreciation and misreading of ballots and b) fraud and irregularities such as massive cheating, vote-buying and harassment of teachers and pollwatchers of the rival camp;
• Pineda’s petition specifically asked for a recount, where misread or misappreciated votes were to be counted in favor of Pineda. All ballot boxes from all the polling precincts in Pampanga (except Angeles City) were to be brought to Manila for the recount. In the event that the recount will yield a result favorable to her, Pineda has asked the COMELEC to proclaim her as Governor and annul the proclamation of Gov. Panlilio.
• Gov. Panlilio, through his legal team, filed a counter-protest on June 12, 2007 followed by a Motion to set Affirmative Defenses for Dismissal of Petition on July 2, a move that was denied by the COMELEC on July 23, 2007.
• Gov. Panlilio’s legal team filed a Motion for Reconsideration on July 31, 2007. The division’s presiding commissioner, Florentino Tuason Jr., dismissed the motion on August 1, 2007 and issued a notice of order to do the recount and revision. Pineda issued a check dated July 31, 2007 in the amount of P4,000,886.00 as deposit for the revision.
• A legal battle ensued and the issue was elevated to the Supreme Court (SC). The SC En Banc, on July 15, 2009, ordered the COMELEC to proceed with the recount. The process started on August 12, 2009 with a 45-day timeframe for its completion.
Recount Process
• Twenty one (21) Revision Committees, each consisting of six (6) revisors were constituted. All the ballot boxes from the province’s twenty towns and one city (City of San Fernando) were brought to Manila and distributed among the twenty one revision committees
• On the first day of the revision, the ballot custodian opened the ballot boxes and observed the condition of these boxes and their contents (taking note of the serial number, the condition of the padlocks and inner seal, and the documents contained therein). The observations were noted in the minutes of the proceedings.
• The ballots were segregated according to vote (per candidate – Panlilio, Pineda, Lapid and Stray Votes). Stray votes include those earlier declared as null and void (e.g. name of candidate not written on the proper space; name written on the ballot not accepted initially such as Nanay for Baby Pineda or Among for Gov. Panlilio).
• As the process progresses, ballots with Pineda votes are given to the revisors of Panlilio and ballots with Panlilio votes are given to the revisors of Pineda. It is up to the revisors to validate and register any objection (e.g. presence of unnecessary markings, etc.). It is also up to the revisors to claim votes for the candidate they are representing or contest the votes of the opponent. Objections and claims are noted down, collated and submitted to the Chairperson of each revision committee who is tasked to prepare a revision report for the precinct/cluster of precincts assigned to his/her committee.
• The revision is expected to be finished by September 2009 following the 45-day timeframe set by the COMELEC. After the revision, all reports will be collated by the counsels of both parties and will be offered as evidence to the 2nd Division of COMELEC.
• The 2nd Division will study the reports and in the event of any doubt on the veracity of these reports will go back and examine the ballots for validation. After studying the revision reports, the 2nd Division will issue a resolution.
• After the 2nd Division issues a resolution, any of the contesting parties can file a motion for reconsideration. In this eventuality, the case is to be elevated to the COMELEC en banc and raffled off among the COMELEC Commissioners, one of who will be responsible for deciding whether to sustain or to reject the resolution. In case of a tie in the voting on the case, the COMELEC Chairman will break the tie.
• After the COMELEC en banc’s decision is issued, the losing party can file a petition for certiorari with the Supreme Court which will make the final decision on the matter.
The public is advised to stop believing in unfounded claims that this or that candidate is gaining edge over his/her rival. Results of the recount/revision will not be final until after the resolution is issued by the COMELEC En Banc (and Supreme Court En Banc if the case is elevated to the SC). Factual information from PPCRV (which coordinates directly with the COMELEC 2nd Division in monitoring the recount process) can be accessed at the following websites: www.rcasf.com; www.sacop.org.ph ; www.ppcrvnamfrel.blogspot.com; www.hrp-sac.blogspot.com; and www.parokya-santalucia.org or call the PPCRV-Pampanga Secretariat at tel. nos. 860-53-38 or 961-41-12.
Timeline of the Case
• On May 25, 2007, defeated candidate Lilia Pineda through her legal counsel, Atty. George Garcia filed an election protest against Gov. Panlilio on allegations of: a) mis-appreciation and misreading of ballots and b) fraud and irregularities such as massive cheating, vote-buying and harassment of teachers and pollwatchers of the rival camp;
• Pineda’s petition specifically asked for a recount, where misread or misappreciated votes were to be counted in favor of Pineda. All ballot boxes from all the polling precincts in Pampanga (except Angeles City) were to be brought to Manila for the recount. In the event that the recount will yield a result favorable to her, Pineda has asked the COMELEC to proclaim her as Governor and annul the proclamation of Gov. Panlilio.
• Gov. Panlilio, through his legal team, filed a counter-protest on June 12, 2007 followed by a Motion to set Affirmative Defenses for Dismissal of Petition on July 2, a move that was denied by the COMELEC on July 23, 2007.
• Gov. Panlilio’s legal team filed a Motion for Reconsideration on July 31, 2007. The division’s presiding commissioner, Florentino Tuason Jr., dismissed the motion on August 1, 2007 and issued a notice of order to do the recount and revision. Pineda issued a check dated July 31, 2007 in the amount of P4,000,886.00 as deposit for the revision.
• A legal battle ensued and the issue was elevated to the Supreme Court (SC). The SC En Banc, on July 15, 2009, ordered the COMELEC to proceed with the recount. The process started on August 12, 2009 with a 45-day timeframe for its completion.
Recount Process
• Twenty one (21) Revision Committees, each consisting of six (6) revisors were constituted. All the ballot boxes from the province’s twenty towns and one city (City of San Fernando) were brought to Manila and distributed among the twenty one revision committees
• On the first day of the revision, the ballot custodian opened the ballot boxes and observed the condition of these boxes and their contents (taking note of the serial number, the condition of the padlocks and inner seal, and the documents contained therein). The observations were noted in the minutes of the proceedings.
• The ballots were segregated according to vote (per candidate – Panlilio, Pineda, Lapid and Stray Votes). Stray votes include those earlier declared as null and void (e.g. name of candidate not written on the proper space; name written on the ballot not accepted initially such as Nanay for Baby Pineda or Among for Gov. Panlilio).
• As the process progresses, ballots with Pineda votes are given to the revisors of Panlilio and ballots with Panlilio votes are given to the revisors of Pineda. It is up to the revisors to validate and register any objection (e.g. presence of unnecessary markings, etc.). It is also up to the revisors to claim votes for the candidate they are representing or contest the votes of the opponent. Objections and claims are noted down, collated and submitted to the Chairperson of each revision committee who is tasked to prepare a revision report for the precinct/cluster of precincts assigned to his/her committee.
• The revision is expected to be finished by September 2009 following the 45-day timeframe set by the COMELEC. After the revision, all reports will be collated by the counsels of both parties and will be offered as evidence to the 2nd Division of COMELEC.
• The 2nd Division will study the reports and in the event of any doubt on the veracity of these reports will go back and examine the ballots for validation. After studying the revision reports, the 2nd Division will issue a resolution.
• After the 2nd Division issues a resolution, any of the contesting parties can file a motion for reconsideration. In this eventuality, the case is to be elevated to the COMELEC en banc and raffled off among the COMELEC Commissioners, one of who will be responsible for deciding whether to sustain or to reject the resolution. In case of a tie in the voting on the case, the COMELEC Chairman will break the tie.
• After the COMELEC en banc’s decision is issued, the losing party can file a petition for certiorari with the Supreme Court which will make the final decision on the matter.
The public is advised to stop believing in unfounded claims that this or that candidate is gaining edge over his/her rival. Results of the recount/revision will not be final until after the resolution is issued by the COMELEC En Banc (and Supreme Court En Banc if the case is elevated to the SC). Factual information from PPCRV (which coordinates directly with the COMELEC 2nd Division in monitoring the recount process) can be accessed at the following websites: www.rcasf.com; www.sacop.org.ph ; www.ppcrvnamfrel.blogspot.com; www.hrp-sac.blogspot.com; and www.parokya-santalucia.org or call the PPCRV-Pampanga Secretariat at tel. nos. 860-53-38 or 961-41-12.
PPCRV Holds Public Forum on the Pampanga Recount
“Your presence will mean a lot. You should be ready to sacrifice.” Thus, said Commission on Elections (COMELEC) Commissioner Rene V. Sarmiento as he encouraged Kapampangans to be more vigilant and diligent in monitoring the recount process.
Speaking at a Public Forum on the Recount held last September 5, 2009 (Saturday) at the University of the Assumption Auditorium, Commissioner Sarmiento explained the on-going recount process that stemmed from an election protest filed on May 25, 2007 by losing gubernatorial candidate Lilia “Baby” Pineda against incumbent Pampanga Governor Eddie Panlilio.
The Public Forum was organized by the Parish Pastoral Council for Responsible Voting (PPCRV) – Pampanga and the Archdiocese of San Fernando (ASF)-Pampanga in response to a clamor for accurate information and guidance on the raging recount issue which Panlilio supporters tagged as a “moral issue” and a “threat to democracy in Pampanga”.
Citing Section 255 of the Omnibus Election Code of 1985 (OEC) as the legal basis for the recount, Commissioner Sarmiento emphasized that the COMELEC is just an implementor of the law, as mandated by the Philippine Constitution which provides that “election contests will be under the exclusive jurisdiction of the COMELEC.” If we are after electoral reforms, then we should start with legal reforms,” said Commissioner Sarmiento as he pointed out that OEC is 24 years old and needs to be reviewed and amended to make it more relevant to modern times.
The forum was attended by 337 representatives from various civil society organizations, church-based groups, academe, youth groups, commissions and parishes of the ASF. Pampanga Prelate and Forum Convenor, Abp. Paciano B. Aniceto, D.D. graced the event with Auxiliary Bishop and University of the Assumption President Roberto C. Mallari.
Apu Ceto, as Abp. Aniceto is fondly called, noted that the recount “is a secular process and the church will respect it”. He challenged the laity to take the lead in secular matters. He, likewise, challenged Panlilio’s supporters to sustain their involvement and accompany him as he confronts this issue.
For his part, Fr. Francis Dizon, Executive Director of the Social Action Center of Pampanga and PPCRV-Pampanga Chairman, vowed to give the public factual information on the progress of the recount/revision. He revealed PPCRV-Pampanga’s Plan of Action which includes posting of observers to monitor the process and holding of an audience with Commissioner Nicodemo T. Ferrer of the COMELEC 2nd Division every Wednesday for regular updates on the status of the recount. These updates will be posted on the following websites: www.rcasf.com; www.sacop.org.ph ; www.ppcrvnamfrel.blogspot.com; www.hrp-sac.blogspot.com; and www.parokya-santalucia.org.
The physical recount (e.g. sorting and segregation of ballots) is expected to be accomplished in 45 days starting August 12, 2009, after the Supreme Court ordered the COMELEC to proceed with it. Commissioner Sarmiento emphasized, though, that the battle does not end with the revision. After the COMELEC 2nd Division issues a resolution on the case, any of the parties can file a motion for reconsideration – a move which can wind up to the Supreme Court before the decision becomes final and executory.
Bp. Bobet Mallari delivered the closing remarks and reiterated the call to “offer ourselves as sacrificial lambs” and “to inquire and observe - for truth to triumph and the will of God to shine brightly”. Earlier during the open forum, 73-year old Lucila Valdez of Angeles City pledged to help start a fundraising campaign with a 10-centavo contribution to help the beleaguered Governor pay for his revisors.
It may be recalled that Panlilio recently filed a motion for the halting of the recount due to lack of funds to pay for his revisors. On the other hand, petitioner Lilia Pineda paid the P 4M plus deposit in August 2007 and provided trucks to haul the ballot boxes to the COMELEC warehouse in Manila for the recount. Panlilio’s motion was junked by the COMELEC. xxxxx
Understanding the Recount Process
Contrary to a popular notion that the recount involves a simple re-counting and re-tallying of votes, what Commissioner Sarmiento described was a long process of checking and validating results. Applied to the Pineda vs. Panlilio case, the recount process is as follows:
Timeline of the Case
• On May 25, 2007, defeated candidate Lilia Pineda through her legal counsel, Atty. George Garcia filed an election protest against Gov. Panlilio on allegations of: a) mis-appreciation and misreading of ballots and b) fraud and irregularities such as massive cheating, vote-buying and harassment of teachers and pollwatchers of the rival camp;
• Pineda’s petition specifically asked for a recount, where misread or misappreciated votes were to be counted in favor of Pineda. All ballot boxes from all the polling precincts in Pampanga (except Angeles City) were to be brought to Manila for the recount. In the event that the recount will yield a result favorable to her, Pineda has asked the COMELEC to proclaim her as Governor and annul the proclamation of Gov. Panlilio.
• Gov. Panlilio, through his legal team, filed a counter-protest on June 12, 2007 followed by a Motion to set Affirmative Defenses for Dismissal of Petition on July 2, a move that was denied by the COMELEC on July 23, 2007.
• Gov. Panlilio’s legal team filed a Motion for Reconsideration on July 31, 2007. The division’s presiding commissioner, Florentino Tuason Jr., dismissed the motion on August 1, 2007 and issued a notice of order to do the recount and revision. Pineda issued a check dated July 31, 2007 in the amount of P4,000,886.00 as deposit for the revision.
• A legal battle ensued and the issue was elevated to the Supreme Court (SC). The SC En Banc, on July 15, 2009, ordered the COMELEC to proceed with the recount. The process started on August 12, 2009 with a 45-day timeframe for its completion.
Recount Process
• Twenty one (21) Revision Committees, each consisting of six (6) revisors were constituted. All the ballot boxes from the province’s twenty towns and one city (City of San Fernando) were brought to Manila and distributed among the twenty one revision committees
• On the first day of the revision, the ballot custodian opened the ballot boxes and observed the condition of these boxes and their contents (taking note of the serial number, the condition of the padlocks and inner seal, and the documents contained therein). The observations were noted in the minutes of the proceedings.
• The ballots were segregated according to vote (per candidate – Panlilio, Pineda, Lapid and Stray Votes). Stray votes include those earlier declared as null and void (e.g. name of candidate not written on the proper space; name written on the ballot not accepted initially such as Nanay for Baby Pineda or Among for Gov. Panlilio).
• As the process progresses, ballots with Pineda votes are given to the revisors of Panlilio and ballots with Panlilio votes are given to the revisors of Pineda. It is up to the revisors to validate and register any objection (e.g. presence of unnecessary markings, etc.). It is also up to the revisors to claim votes for the candidate they are representing or contest the votes of the opponent. Objections and claims are noted down, collated and submitted to the Chairperson of each revision committee who is tasked to prepare a revision report for the precinct/cluster of precincts assigned to his/her committee.
• The physical revision is expected to be finished by September 2009 following the 45-day timeframe set by the COMELEC. After the revision, all reports will be collated by the counsels of both parties and will be offered as evidence to the 2nd Division of COMELEC.
• The 2nd Division will study the reports and in the event of any doubt on the veracity of these reports will go back and examine the ballots for validation. After studying the revision reports, the 2nd Division will issue a resolution.
• After the 2nd Division issues a resolution, any of the contesting parties can file a motion for reconsideration. In this eventuality, the case is to be elevated to the COMELEC en banc and raffled off among the COMELEC Commissioners, one of who will be responsible for deciding whether to sustain or to reject the resolution. In case of a tie in the voting on the case, the COMELEC Chairman will break the tie.
• After the COMELEC en banc’s decision is issued, the losing party can file a petition for certiorari with the Supreme Court which will make the final decision on the matter.
The public is advised to stop believing in unfounded claims that this or that candidate is gaining edge over his/her rival. Results of the recount/revision will not be final until after the resolution is issued by the COMELEC En Banc (and Supreme Court En Banc if the case is elevated to the SC). Factual information from PPCRV (which coordinates directly with the COMELEC 2nd Division in monitoring the recount process) can be accessed at the following websites: www.rcasf.com; www.sacop.org.ph ; www.ppcrvnamfrel.blogspot.com; www.hrp-sac.blogspot.com; and www.parokya-santalucia.org or call the PPCRV-Pampanga Secretariat at tel. nos. 860-53-38 or 961-41-12.
Speaking at a Public Forum on the Recount held last September 5, 2009 (Saturday) at the University of the Assumption Auditorium, Commissioner Sarmiento explained the on-going recount process that stemmed from an election protest filed on May 25, 2007 by losing gubernatorial candidate Lilia “Baby” Pineda against incumbent Pampanga Governor Eddie Panlilio.
The Public Forum was organized by the Parish Pastoral Council for Responsible Voting (PPCRV) – Pampanga and the Archdiocese of San Fernando (ASF)-Pampanga in response to a clamor for accurate information and guidance on the raging recount issue which Panlilio supporters tagged as a “moral issue” and a “threat to democracy in Pampanga”.
Citing Section 255 of the Omnibus Election Code of 1985 (OEC) as the legal basis for the recount, Commissioner Sarmiento emphasized that the COMELEC is just an implementor of the law, as mandated by the Philippine Constitution which provides that “election contests will be under the exclusive jurisdiction of the COMELEC.” If we are after electoral reforms, then we should start with legal reforms,” said Commissioner Sarmiento as he pointed out that OEC is 24 years old and needs to be reviewed and amended to make it more relevant to modern times.
The forum was attended by 337 representatives from various civil society organizations, church-based groups, academe, youth groups, commissions and parishes of the ASF. Pampanga Prelate and Forum Convenor, Abp. Paciano B. Aniceto, D.D. graced the event with Auxiliary Bishop and University of the Assumption President Roberto C. Mallari.
Apu Ceto, as Abp. Aniceto is fondly called, noted that the recount “is a secular process and the church will respect it”. He challenged the laity to take the lead in secular matters. He, likewise, challenged Panlilio’s supporters to sustain their involvement and accompany him as he confronts this issue.
For his part, Fr. Francis Dizon, Executive Director of the Social Action Center of Pampanga and PPCRV-Pampanga Chairman, vowed to give the public factual information on the progress of the recount/revision. He revealed PPCRV-Pampanga’s Plan of Action which includes posting of observers to monitor the process and holding of an audience with Commissioner Nicodemo T. Ferrer of the COMELEC 2nd Division every Wednesday for regular updates on the status of the recount. These updates will be posted on the following websites: www.rcasf.com; www.sacop.org.ph ; www.ppcrvnamfrel.blogspot.com; www.hrp-sac.blogspot.com; and www.parokya-santalucia.org.
The physical recount (e.g. sorting and segregation of ballots) is expected to be accomplished in 45 days starting August 12, 2009, after the Supreme Court ordered the COMELEC to proceed with it. Commissioner Sarmiento emphasized, though, that the battle does not end with the revision. After the COMELEC 2nd Division issues a resolution on the case, any of the parties can file a motion for reconsideration – a move which can wind up to the Supreme Court before the decision becomes final and executory.
Bp. Bobet Mallari delivered the closing remarks and reiterated the call to “offer ourselves as sacrificial lambs” and “to inquire and observe - for truth to triumph and the will of God to shine brightly”. Earlier during the open forum, 73-year old Lucila Valdez of Angeles City pledged to help start a fundraising campaign with a 10-centavo contribution to help the beleaguered Governor pay for his revisors.
It may be recalled that Panlilio recently filed a motion for the halting of the recount due to lack of funds to pay for his revisors. On the other hand, petitioner Lilia Pineda paid the P 4M plus deposit in August 2007 and provided trucks to haul the ballot boxes to the COMELEC warehouse in Manila for the recount. Panlilio’s motion was junked by the COMELEC. xxxxx
Understanding the Recount Process
Contrary to a popular notion that the recount involves a simple re-counting and re-tallying of votes, what Commissioner Sarmiento described was a long process of checking and validating results. Applied to the Pineda vs. Panlilio case, the recount process is as follows:
Timeline of the Case
• On May 25, 2007, defeated candidate Lilia Pineda through her legal counsel, Atty. George Garcia filed an election protest against Gov. Panlilio on allegations of: a) mis-appreciation and misreading of ballots and b) fraud and irregularities such as massive cheating, vote-buying and harassment of teachers and pollwatchers of the rival camp;
• Pineda’s petition specifically asked for a recount, where misread or misappreciated votes were to be counted in favor of Pineda. All ballot boxes from all the polling precincts in Pampanga (except Angeles City) were to be brought to Manila for the recount. In the event that the recount will yield a result favorable to her, Pineda has asked the COMELEC to proclaim her as Governor and annul the proclamation of Gov. Panlilio.
• Gov. Panlilio, through his legal team, filed a counter-protest on June 12, 2007 followed by a Motion to set Affirmative Defenses for Dismissal of Petition on July 2, a move that was denied by the COMELEC on July 23, 2007.
• Gov. Panlilio’s legal team filed a Motion for Reconsideration on July 31, 2007. The division’s presiding commissioner, Florentino Tuason Jr., dismissed the motion on August 1, 2007 and issued a notice of order to do the recount and revision. Pineda issued a check dated July 31, 2007 in the amount of P4,000,886.00 as deposit for the revision.
• A legal battle ensued and the issue was elevated to the Supreme Court (SC). The SC En Banc, on July 15, 2009, ordered the COMELEC to proceed with the recount. The process started on August 12, 2009 with a 45-day timeframe for its completion.
Recount Process
• Twenty one (21) Revision Committees, each consisting of six (6) revisors were constituted. All the ballot boxes from the province’s twenty towns and one city (City of San Fernando) were brought to Manila and distributed among the twenty one revision committees
• On the first day of the revision, the ballot custodian opened the ballot boxes and observed the condition of these boxes and their contents (taking note of the serial number, the condition of the padlocks and inner seal, and the documents contained therein). The observations were noted in the minutes of the proceedings.
• The ballots were segregated according to vote (per candidate – Panlilio, Pineda, Lapid and Stray Votes). Stray votes include those earlier declared as null and void (e.g. name of candidate not written on the proper space; name written on the ballot not accepted initially such as Nanay for Baby Pineda or Among for Gov. Panlilio).
• As the process progresses, ballots with Pineda votes are given to the revisors of Panlilio and ballots with Panlilio votes are given to the revisors of Pineda. It is up to the revisors to validate and register any objection (e.g. presence of unnecessary markings, etc.). It is also up to the revisors to claim votes for the candidate they are representing or contest the votes of the opponent. Objections and claims are noted down, collated and submitted to the Chairperson of each revision committee who is tasked to prepare a revision report for the precinct/cluster of precincts assigned to his/her committee.
• The physical revision is expected to be finished by September 2009 following the 45-day timeframe set by the COMELEC. After the revision, all reports will be collated by the counsels of both parties and will be offered as evidence to the 2nd Division of COMELEC.
• The 2nd Division will study the reports and in the event of any doubt on the veracity of these reports will go back and examine the ballots for validation. After studying the revision reports, the 2nd Division will issue a resolution.
• After the 2nd Division issues a resolution, any of the contesting parties can file a motion for reconsideration. In this eventuality, the case is to be elevated to the COMELEC en banc and raffled off among the COMELEC Commissioners, one of who will be responsible for deciding whether to sustain or to reject the resolution. In case of a tie in the voting on the case, the COMELEC Chairman will break the tie.
• After the COMELEC en banc’s decision is issued, the losing party can file a petition for certiorari with the Supreme Court which will make the final decision on the matter.
The public is advised to stop believing in unfounded claims that this or that candidate is gaining edge over his/her rival. Results of the recount/revision will not be final until after the resolution is issued by the COMELEC En Banc (and Supreme Court En Banc if the case is elevated to the SC). Factual information from PPCRV (which coordinates directly with the COMELEC 2nd Division in monitoring the recount process) can be accessed at the following websites: www.rcasf.com; www.sacop.org.ph ; www.ppcrvnamfrel.blogspot.com; www.hrp-sac.blogspot.com; and www.parokya-santalucia.org or call the PPCRV-Pampanga Secretariat at tel. nos. 860-53-38 or 961-41-12.
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