Notice
Justice Delayed Is Justice Denied for Koko Pimentel and Entire Nation Print
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Wednesday, 21 July 2010 23:00
Electoral Justice In the May 14 2007 Senatorial Elections the people overwhelmingly voted against the administration. It initially looked like a 9 to 3 victory with Koko Pimentel as number 12. However, when the COMELEC decided to canvass the Maguindanao votes, Zubiri was in the 12th position with 11,005,866 votes vs Koko Pimentel in 13th with 10,984,347 votes a difference of 21,519 votes. On July 30, 2007 Pimentel filed a protest before the SET (Senate Electoral Tribunal) pinpointing 2,658 precincts in 44 municipalities and 7 provinces. Following Rule 79 of the SET, Pimentel designated 664 precincts 25% of the protested precincts for the pilot count. The revised count in the 664 pilot precincts already gave Pimentel a net gain of 103,812 votes which already overwhelmed Zubiri’s 21,519 lead in the COMELEC canvass. At that point simple logic would dictate that Pimentel was the winner. The SET proceeded to revise the remaining 75% of the precincts contested by Pimentel at the end of which Pimentel’s net gain was 257,401 votes. If justice and reason prevailed in the Senate Electoral Tribunal Koko Pimentel should have been senator. However, Zubiri filed a counter protest questioning the results in 73,265 precincts in 25 cities and provinces. This was clearly a delaying tactic. The Zubiri contested precincts are about 1/3 of the 224,682 total precincts nationwide. Zubiri’s justification for his protest was that in the areas selected only one or two administration candidates won. After nearly 3 years the revisions of Zubiri’s pilot precincts have been completed. Zubiri had a net gain 11,948 votes in 18,227 precincts a gain of 0.65 (less than 1) votes per precinct. In a midnight resolution dated June 4, 2010 the SET against plain common sense ordered that the remaining 75% of Zubiri’s contested 70,607 precincts be revised. A grade six student could easily say that this does not make sense. In the same resolution the majority made up of Senators Angara, Legarda, Gordon, Lapid and possibly Pangilinan with Justices Velasco and de Castro stated that there were more than 50% spurious ballots! Fortunately, we have Justice Carpio who dissented and computed that only 2.2% of the total contested ballots in Quezon City, Manila, Batangas, and Bulacan were spurious. Justice Carpio states, “In Zubiri’s pilot precincts, consisting of 18,227 precincts, he was able to recover only 11,948 votes, subject to adjustments, translating to 0.66 average vote recovered per precinct. His projected total recovery is only 33,794 votes in his remaining 75% non-pilot protested precincts, or a total projected recovery of 45,742 votes in all his 70,607 counter-protested precincts. On the other hand, Pimentel’s net recovery in all his protested precints is 257,401 votes. Even if we deduct the number of votes contained in the fake ballots, Zubiri’s projected net recovery can not successfully overcome the net recovery posted by Pimentel.” Pimentel has filed a motion for reconsideration let us hope that the new members of the Senate Electoral Tribunal have a sense of justice and love of country, a little logic and a little arithmetic. And decide to proclaim Koko Pimentel as the duly elected senator. To waste more years counting Zubiri’s 52,000 contested precincts would be foolish and unjust! Justice delayed is justice denied, not just for Pimentel but for the Filipino Nation.

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