Press Release
June 7, 2007

KAPIHAN SA SENADO EXCERPTS (GUEST: KOKO PIMENTEL)

ON THE CONFLICTING REPORTS ON THE DECLARATION OF FAILURE OF ELECTION IN MAGUINDANAO AS ORDERED BY THE COMELEC:

KOKO PIMENTEL: OUR FACTS OUR MIXED. WE DONT KNOW WHAT THE COMELEC DID OR ORDERED LAST NIGHT. SO DIFFERENT CHANNELS HAVE DIFFERENT VERSIONS OF WHAT HAS BEEN ORDERED BY THE COMELEC.THIS IS THE REASON WHY THERE IS THE RULE OF EVIDENCE, IS THAT THE BEST EVIDENCE IS THE DOCUMENT ITSELF. SO I SENT SOMEBODY TO THE COMELEC TO GET A COPY OF WHATEVER ORDER OR RESOLUTION HAS BEEN ISSUED LAST NIGHT. WALA. NO COPY. SO MAYBE, THIS MORNING I WILL GET A COPY, BECAUSE IF WE ONLY RELY ON THE FOOTAGE OF CHAIRMAN ABALOS BEING INTERVIEWED. THAT MAYBE HIS PERSONAL OPINION OR STAND ON THE ISSUE BUT NOT SHARED BY THE MAJORITY. AND THERE IS THE RESOLUTION OF THE COMELEC, WHEN THEY ARE SITTING AS A NATIONAL BOARD OF CANVASSERS, THEY WILL DECIDE ALL ISSUES BY MAJORITY VOTE. MY OPINION IS THAT, SPECIAL ELECTIONS ARE ONLY , OR CAN ONLY BE CALLED ON TWO GROUNDS: ONE, IF THERE IS A VACANCY, HINDI NA APPLICABLE YUN, BECAUSE WE ARE TALKING ABOUT REGULAR ELECTIONS FOR SENATOR. NO. 2, WHEN THERE IS A FAILURE OF ELECTION. SO, LET US GO TO THE SECOND CONCEPT, FAILURE OF ELECTION. ACCORDING TO THE SUPREME COURT, A FAILURE OF ELECTION CAN BE DECLARED ONLY IN THREE INSTANCES. NO. 1, TOTALLY NO ELECTIONS ON ELECTION DAY, SA MAY 14, 2007. NO. 2, THEY STARTED WITH THE ELECTIONS, ANO BA ORAS NAGSIMULA ANG ELEKSYON, 7 AM, PERO HINDI NATAPOS. THE ELECTION PROCESS OR THE VOTING CLOSED BEFORE CLOSING TIME. NO. 3, NATAPOS ANG ELEKSYON, THEY OPENED PROPERLY, THEY CLOSED PROPERLY, AND YET THE ENTIRE PROCESS RESULTED TO IN A FAILURE TO ELECT. SO, IF THE COMELEC INTENDS TO DECLARE A FAILURE TO ELECT IN MAGUINDANAO, WHICH IF THE THREE SCENARIOS DO THEY HAVE IN MIND, HAPPENED IN MAGUINDANAO ON MAY 14. NO. 1 BA NA WALA TALAGANG PRESINTONG NAGBUKAS. NO. 2 BA NA NAGBUKAS ANG PRESINTO, PERO HINDI HANGGANG 3 0CLOCK. OR NO. 3 BA NA NAGKAROON NG BOTOHAN, AND YET THE ELECTION RESULTED IN A FAILURE TO ELECT. SO, LETS NOW GO BACK TO THE TERM FAILURE TO ELECT, THATS THE THIRD KIND OF FAILURE OF ELECTION. IBA NA NAMAN YUN AH. THE THIRD KIND OF A FAILURE OF ELECTION IS AN ELECTION WHICH RESULTED IN A FAILURE TO ELECT. SABI NAMAN NG SUPREME COURT, THE FAILURE TO ELECT, MEANS NOBODY EMERGES AS A WINNER. PAGDATING SA MAGUINDANAO, THOUSANDS OF PEOPLE HAVE EMERGED AS WINNERS, BECAUSE PROKLAMADO NA PO ANG MGA COUNCILORS HANGGANG GOVERNOR, HANGANG CONGRESSMAN. SO MUKHANG HINDI PAPASOK YUNG TERM NA FAILURE TO ELECT. NGAYON ANG TANONG NILA, BUT THERE WAS A FAILURE TO ELECT SENATORS. WELL, HOW COME SAMPU NA ANG SENADOR NAPROCLAIM NA KAGABI ANG SAMPUNG SENADOR. WALANG FAILURE TO ELECT SENATORS. EXCEPT THAT THERE ARE NO SENATORIAL RESULTS FROM MAGUINDANAO. UNFORTUNATELY. SENATORS ARE NOT ELECT PROVINCE-WIDE. THEY ARE ELECTED NATIONWIDE. SO YOU CANNOT USE THE CONCEPT NA FAILURE TO ELECT ON THE SENATORS. SO NGAYON. THE COMELEC WILL HAVE TO MAKE ITSELF CLEAR ON THE COURSE OF ACTION IT HAS ANNOUNCED LAST NIGHT. ANO BA TALAGA? WHAT IS THE SCENARIO IN THE MIND OF THE COMELEC, HOW COME IT IS TAKING STEPS PREPARATORY, SABI NG IBA, THEY HAVE ALREADY DECLARED A FAILURE OF ELECTION, PARA SA KIN, KUNG TAMA YUNG PAGKAKAINTINDI KO, NA MAY HEARING PA SA LUNES. THEY ARE TAKING STEPS PREPARATORY TO DECLARING A FAILURE OF ELECTION. BUT WHICH ONE. WHICH OF THE THREE KINDS DO THEY HAVE IN MIND HAPPENED IN MAGUINDANAO. ANG NAINTINDIHAN KO SA ORDER NILA, THEY ARE GOING TO SUMMON ALL THE PROCLAIMED LOCAL CANDIDATES IN MAGUINDANAO. AND THEN, THEY SHOULD APPEAR BEFORE THE COMELEC ON MONDAY, AND PROVE TO THE COMELEC THAT THEY HAD BEEN ELECTED, AND THAT THEY HAD BEEN PROCLAIMED. THAT WOULD BE IMPOSSIBLE, IF EVEN THE MUNICIPAL COUNCILORS WOULD BE REQUIRED TO COME TO MANILA AND APPEAR BEFORE THE COMELEC. MUKHANG DUN NA SILA PAPATUNGO, IF THAT IS NOW THE REQUIREMENT FOR THEM TO REVERSE THE INITIAL OPINION NA MERONG FAILURE OF ELECTION. SINCE THEY HAVE TURNED THE PRESUMPTION OF REGULARITY UPSIDE DOWN, GANUN NA SIGURO YUN. THEY MAYBE HAVE DETERMINED THE FAILURE OF ELECTION. THEREFORE I AM ALSO READY TO QUESTION SUCH A DECISION OR FINDING BEFORE THE SUPREME COURT. BECAUSE THE COMELEC WILL HAVE TO TELL US WHICH OF THE THREE INSTANCES HAPPENED, THAT IS WHY THEY ARE DECLARING A FAILURE OF ELECTION IN MAGUINDANAO.

ON THE CONDUCT OF A SPECIAL ELECTION IN MAGUINDAO:

KOKO PIMENTEL: OK SA KIN YUN SPECIAL ELECTION BUT IT MUST BE CALLED IN ACCORDANCE WITH LAW, BECAUSE WE WILL BE SPENDING PUBLIC FUNDS OR TAXPAYERS MONEY. DAPAT KLARO THAT THIS HAS LEGAL BASIS

ON CHANCES OF WINNING AGAINST MIGZ ZUBIRI ON AREAS WHICH HAVE NOT YET BEEN CANVASSED, WHICH INCLUDE SURIGAO NORTE, BASILAN, LANAO DEL SUR AND MAGUINDANAO:

KOKO PIMENTEL: MAGUINDANO, SCRAPPED NA YUNG PROVINCIAL CERTIFICATE OF CANVASS. LANAO DEL SUR, I WILL WIN BY EIGHT THOUSAND VOTES. BASILAN, COULD GO EITHER WAY, PLUS OR MINUS TEN. I COULD WIN BY TEN, I COULD LOSE BY TEN, BECAUSE THERE IS STILL A BIG TOWN NA WALANG RESULTA. AND SURIGAO DEL NORTE, ACCORDING TO MY INFORMATION, LITERALLY A TIE. PAREHO KAMING AROUND 54,000 OR 57,000. AND THEN BIAN OF COURSE IS PART OF LAGUNA. I EXPECT TO WIN BIG IN BIAN.

ON CHARGES OF ELECTORAL SABOTAGE FILED AGAINST SOME COMELEC OFFICIALS:

KOKO PIMENTEL: A COUPLE OF DAYS AGO, I FILED THE FIRST EVER CASE OF ELECTORAL SABOTAGE AGAINST ATTY. LILIAN, RADAM, WHO WAS THE CHAIRMAN OF THE PROVINCIAL BOARD OF CANVASSERS OF SOUTH COTABATO. 12 COUNTS OF ELECTORAL SABOTAGE. AND JUST YESTERDAY, LAST NIGHT, I FILED ANOTHER CASE OF ELECTORAL SABOTAGE AGAINST ATTY. YOGIE MARTIRIZAR.I AM ISSUING A PUBLIC INVITATION FOR CONG. MIGZ ZUBIRI TO JOIN ME IN PURSUING ELECTORAL SABOTAGE CASES AGAINST THOSE WHO TAMPARED WITH ELECTION RESULTS.

ON CHANCES OF WINNING AGAINST MIGZ ZUBIRI IN THE EVENT A SPECIAL ELECTION IS HELD IN MAGUINDANAO:

KOKO PIMENTEL: I THINK I WILL WIN IN THE ELECTION IN MAGUINDANAO, AND I THINK I WILL WIN IN THE FINAL COUNT. BECAUSE I WILL HAVE A 120 THOUSAND PLUS LEAD GOING INTO THE SPECIAL ELECTION. SO PANO NYA I-OOVERTAKE YUNG LEAD YUN?

ON THE ABSENCE OF A PETITIONER ASKING FOR A FAILURE OF ELECTION IN MAGUINDANAO:

KOKO PIMENTEL:NO ONE HAS PETITIONED THE COMELEC TO DECLARE A FAILURE OF ELECTION IN MAGUINDANAO. EVEN TEAM UNITY HAS NOT PETITIONED THE COMELEC. SO, WHY IS COMELEC PURSUING SUCH A COURSE OF ACTION. AND THAT IS ONE OF THE ISSUES I WILL RAISE BEFORE THE SUPREME COURTCALLING FOR A SPECIAL ELECTIONS, MERON PONG SUBSTANTIVE LAW. SECTION 6 OF THE OMNIBUS ELECTION CODE AND SECTION 4 OF REPUBLIC ACT 7166. WHEN READ TOGETHER, ACCORDING TO THE TWO PROVISIONS, THE POWER TO DECLARE A FAILURE OF ELECTION BELONGS TO THE COMELEC EN BANC. BUT THE COMELEC EN BANC MUST UPON A VERIFIED PETITION ASKING FOR A FAILURE OF ELECTION.

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