INQUIRER.net Eleksyon 2007

Comelec junks petition vs Antique gov

Visayas Bureau

Nestor P. Burgos Jr.

ILOILO CITY, Philippines -- The Commission on Elections (Comelec) has dismissed a petition by former assemblyman Arturo Pacificador and former governor and congressman Jovito Plameras Jr. to annul the proclamation of Antique Governor Salvacion Zaldivar-Perez after the May 14, 2007 elections.

In a ruling promulgated December 11, 2008, but received by the parties only this week, the Comelec's first division upheld the proclamation of Perez on June 29, 2007. It dismissed for lack of merit the petition filed by Pacificador and Plameras, who both ran against the governor

The Comelec resolution was signed by Commissioners Rene Sarmiento, Leonardo Leonida and Armando Velasco.

The petitioners had questioned the legality of the creation of a Special Provincial Board of Canvassers (SPBOC) chaired by lawyer Daisy Real. The special board proclaimed Perez winner with a margin of more than 13,000 votes against Pacificador based on results from the province's 1,855 precincts. The board also proclaimed other winning candidates in the province.

The board replaced the one chaired by former Western Visayas Comelec director Rene Magbutay, which failed to proclaim any winner.

The petitioners had protested the creation of the second board, claiming it was highly irregular and without basis. They argued that Perez's proclamation should be annulled because the creation of the board and all its actions and decisions violated the law and Comelec rules.

But in its ruling, the Comelec First Division said the poll body had the authority to control and supervise the board of canvassers including the changing of the composition of the board of canvassers. It said the proclamation of Perez was valid because the board was authorized to proclaim winning candidates.

The resolution was the latest among several decisions against Pacificador and Plameras.

In January last year, the Comelec also dismissed an appeal of Pacificador to reverse its earlier ruling dismissing his petition to stop the proclamation of Perez.

Pacificador and Plameras had also sought the disqualification of Perez and seven of her party mates in the Nationalist People's Coalition for allegedly violating the ban on public spending during the election period.

The disqualification case was dismissed for lack of merit by the Comelec.

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