ChanRobles Virtual law Library

PET Case No. 003. January 31, 2006]

LOREN B. LEGARDA vs. NOLI L. DE CASTRO

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of the Tribunal dated JAN. 31, 2006

"PET Case No. 003 (Loren B. Legarda vs. Noli L. de Castro)

On December 12, 2005, the re-tabulation of election returns (ERs) from the ten (10) protested municipalities of Lanao del Sur commenced. According to the report submitted by the Acting Clerk of the Tribunal, Atty. Maria Luisa D. Villarama, the correction team was able to re-tabulate only the ERs from four (4) of the ten (10) protested municipalities of Lanao del Sur, namely, Balindong, Masiu, Mulondo and Taraka. The ERs of the other six (6) protested municipalities were not found inside the ballot boxes collected from the House of Representatives, but found were the ERs from municipalities not subject of the protest.

Therefore, acting on the aforementioned report of the Acting Clerk, the Tribunal resolves to REQUIRE Hon. Roberto Nazareno, Secretary General of the House of Representatives and Atty. Artemio Adasa, Jr., Deputy Secretary General for Operation, of the House of Representatives, within a non-extendible period of five (5) days from notice, to

(a) DELIVER to the Tribunal the election returns and other election documents/paraphernalia used in the May 2004 National/Local elections for the remaining six (6) protested municipalities of Lanao del Sur, namely (1) Bacolod-Kalawi; (2) Ganassi; (3) Kapai; (4) Sultan Gumander; (5) Tamparan; and (6) Wao;

(b) EXPLAIN why the election returns and other election documents and paraphernalia which were turned over to the PET Retrieval Team are incomplete when compared to the COMELEC's total number of clustered precincts for Lanao del Sur; and

(c) SUBMIT to the Tribunal the complete list of all the election returns, Provincial/District Certificates of Canvass and Statements of Votes and other election documents and paraphernalia used in the May 2004 National and Local Elections for the province of Lanao del Sur which were in its official custody.

In the resolution dated December 6, 2005 , the Tribunal granted protestant's motion to suspend the remittance of additional cash deposit amounting to P3,882,000 as required in the resolution of November 22, 2005 . Protestant also manifested in said motion that she will make the required cash deposit sometime in the year 2006. Thus, the Tribunal resolves to REQUIRE protestant to comply with the resolution of November 22, 2005 requiring her to make additional cash deposit of P3,882,000 within ten (10) days.

On another matter, the Presidential Electoral Tribunal notes the following news reports:

(1) In an article entitled "Recount shows fraud, says Legarda" appearing in the December 13, 2005 issue of The Manila Times, protestant Legarda said that the election returns from Congress had been tampered after initial retabulation of votes by the Tribunal showed that the lead of protestee De Castro over her has widened. She added that this discovery confirmed her claim of massive poll fraud in favor of protestee in the 2004 election.

(2) In an article entitled "Intel feelers offer proof of poll fraud to Loren" published in the December 13, 2005 issue of The Daily Tribune, sources from protestant's legal team said that feelers from the military's intelligence service arm have reached their camp offering videotapes of cheating in the 2004 elections for a price they cannot afford.

(3) In another article entitled "Election returns altered inside Congress-Loren" published in the December 15, 2005 issue of Philippine Daily Inquirer, protestant claimed that the altering of election returns from Lanao del Sur occurred right inside Congress as borne out by the "spurious" returns being retabulated by the Tribunal. She said the crime could have been perpetrated by the operatives of protestee.

(4) In a news article entitled "Cebu recount shows Noli, Loren votes tally with NBC" appearing in the January 6, 2006 issue of The Manila Times, Atty. Romulo Macalintal, counsel of protestee, stated that "the initial recount in Lapu-lapu showed that there was no tampering of the ballot boxes in the city," and further noted that the four (4) out of the 40 ballot boxes "contained tampered or spurious ballots, but these are not connected to the protest of Senator Legarda but on local protests."

(5) In an article entitled "Noli condemns tampering of ballots" appearing in the January 6, 2006 issue of Manila Standard Today, Atty. Armando Marcelo said that their revisors at the PET discovered that several ballots of Legarda had been substituted with fake and spurious ballots. Atty. Macalintal added that "the substitution of ballots was so clear, that the security markings of the substitute ballots were not reflected or visible or that the ultraviolet markings of the COMELEC seal do not appear or are not present", and that "these ultraviolet markings are readily visible in a genuine ballot once lighted with an ultraviolet light."

(6) In an article entitled "No cheating in Cebu, Noli's lawyer insists," published in the January 19, 2006 issue of Philippine Daily Inquirer, Atty. Macalintal said that "the results of the actual count of the ballots for Legarda and De Castro from the cities of Mandaue and Lapu-lapu tallied with the results as reflected in the election returns and tally boards. There was no sign of any tampering of the results of the ballot count as well as the votes reflected on the returns and tally boards." He also said that protestant Legarda is already estopped from questioning the results of the election in these cities since she failed to object to the returns.

(7) In an article entitled "GMA-Noli poll win in Cebu affirmed," published in the January 19, 2006 issue of The Philippine Star, it was reported that Atty. Macalintal, in his speech before the Rotary Club of Pasay City, denied protestant's claim that 90 percent of the ballots from two major cities of the province were found to be spurious by the Tribunal. He added that "if a candidate would allow himself to be cheated by 90 percent, then he or she has no business to be in politics."

(8) In an article entitled "Why Noli is unacceptable" appearing in the January 20, 2006 issue of The Daily Tribune, protestant "told the media that the real ballots from Mandaue City and Lapu-lapu City were 'clearly substituted with fakes so that they would correspond with the similarly spurious results reflected in the election returns (ERs).'"

Surely, the parties do not harbor the idea that the re-tabulation of election returns and revision of ballots is the end of the election protest. They are merely the first phase of the process and must still pass closer scrutiny by the Tribunal.

The great public interest at stake behooves the Tribunal to exercise its power and render judgment free from public pressure and uninterrupted by the parties' penchant for media mileage. Therefore, in view of the foregoing reports where press statements of both parties appeared as an attempt to influence the proceedings, convince the public of their version of facts, and create bias, prejudice and sympathies, the Tribunal resolves to WARN both parties and counsels from making public comments on all matters that are sub judice .

Finally, acting on the pleadings filed in this electoral protest case, the Tribunal further Resolves to

(a) NOTE the Comment on Protestee 's Motion to Allow Revisors to Examine All Ballots dated January 24, 2006, filed by counsel for protestant Legarda, in compliance with the resolution of January 17, 2006, informing the Tribunal that she interposes no objection and opposition to the motion and GRANT the aforesaid motion of the protestee;

(b) DIRECT all Head Revisors to ALLOW the parties to examine the ballots within a reasonable time;

(c) NOTE the Manifestation dated January 24, 2006, filed by counsel for protestant relative to the Motion to Intervene filed by Intervenor/Movant Amytis D. Batao, informing the Tribunal that she is not waiving the revision of the thirty-five (35) ballot boxes subject of the electoral protest for the mayoralty post of Carmen, Cebu, and proposing that priority be given and extended to the same so that upon completion of the revision by the Tribunal, said ballot boxes can be returned to the Regional Trial Court of Mandaue City, at the earliest time possible; and

(d) DENY the above Motion to Intervene of Intervenor/Movant Amytis D. Batao, with regard to the return of the ballot boxes considering that the Tribunal has priority in their possession and examination." Ynares Santiago, J., no part.

Very truly yours,

(Sgd.) MA. LUISA D. VILLARAMA

Clerk of the Tribunal

Back to Home | Back to Main

CLICK HERE FOR THE LATEST SUPREME COURT JURISPRUDENCE