Koko Pimentel may have the last laugh after all. This after the Senate Electoral Tribunal find prima facie evidence that the ballots in Maguindanao are fake. Heres the Inquirer report on that issue:
SET finds prima facie evidence in Pimentel protest vs Zubiri
But 12th place senator not worried
By Veronica Uy
INQUIRER.net
First Posted 19:01:00 06/19/2008
MANILA, Philippines — The Senate Electoral Tribunal (SET) has found prima facie evidence in the electoral protest filed by Aquilino “Koko” Pimentel III against Senator Miguel Zubiri and HAS ordered the continuation of the protest proceedings.
In a nine-page resolution dated June 17, copies of which were made available to Senate reporters, the SET said it has “reasonable basis” to believe the final result of the protest might affect the proclaimed 12th winning senator in the 2007 senatorial elections.
The SET ordered the hearing commissioner to summon the parties to the protest not later than June 23, to set the date for when it will receive evidence for the remaining 75 percent contested precincts, as well as for the re-tabulation of pertinent election documents from the municipality of Patikul, Sulu.
However asked about the said development, Atty. Romulo Macalintal, Zubiri’s lawyer downplayed it.
“If those 70,922 ballots are fake, then they should not be counted as there must have been substitution. If there is substitution, then the SET should go to the certificates of canvass,” Macalintal told The Manila Times.
He admitted that Comelec discovered that a big number of fake ballots are stuffed in ballot boxes involved in electoral protests, but argued that there are no findings yet that the ballots involved in the revision were the same ones used by actual voters.
The burden of proof still lies with Pimentel, asserted Macalintal.
Aherm… We never heard Zubiri’s lawyers before that the Maguindanao ballots are fake. Now that it was discovered, they have no choice but to admit it. But still they have a ready option just in case. Insist on the counting of the Certificate of Canvass. But simple logic will tell you, what is the basis of the canvass if the ballots are fake. Also if Macalaintal would say that the said ballots were just stuffed just to destroy the integrity of the canvass, where is the authentic ballots? But in the end it will go back to the basic question, what is the basis of the canvass. Answer. The ballots! Now since the ballots were found to be fake and manufactured, Zubiri’s camp would now say that the ballots were not the real ones used in the canvassing without even showing the authentic ballots, if there were any.
As to Zubiri’s counter protest involving 73,000 plus precincts as compared to Pimentel’s 2,658, the former is a sham protest intended only to delay the resolution of Koko Pimentel’s protest. Sakto na Migs. Mauwaw sab tawon ka.
Migs Zubiri boasted that they have “voluminous” affidavits to back up his protest that there was widespread fraud in favor of Koko Pimentel. I just laugh at this argument. The Supreme Court has repeatedly ruled in the past that mere affidavits will not suffice for an electoral protest to prosper. Which is rightly so since it is so easy to make affidavits from just anyone else. Morever, affidavits without concrete proof are just self serving assertions and thus just a mere scrap of paper.
Koko Pimentel, when asked about the counter protest of Migs, correctly commented, ” I dont know if he (Zubiri) is serious enough to pursue with his counter protest. Maybe he should think twice.” Koko added that he expects to be proclaimed within this year. According to Koko, “the process of the collection and retabulation would take around two to three months to finish.” Counting from this month, indeed the protest can be resolved before the year ends.
Its bye bye Migs by then. Better luck next time.