PAMPANGA Gov. Eduardo Panli-lio yesterday
asked the Supreme Court to stop the Commission on Elections from
proceeding with the recount of the ballots cast in the May 2007
gubernatorial elections as petitioned for by his losing
political rival Lilia Pineda.
With big-league election lawyers Romulo
Macalintal, Sixto Brillantes, Leila de Lima, Pedro Quadra and
Ernesto Francisco, Panlilio personally filed his 109-page
petition for certiorari, saying the poll body committed grave
abuse of discretion in issuing the assailed orders.
Panlilio asked the SC to issue a temporary
restraining order enjoining the Comelec from giving due course
to Pineda's protest and directing the revision of ballots
pertaining to the protested 4,847 precincts in the province.
"To begin with, the election protest should
have been dismissed outright because, on its face, its a sham
protest... based on bare and general allegations of fraud and
irregularities, which, under existing jurisprudence, had already
been held as virtually impossible in view of the presence of
watchers stationed at the back of election inspectors," Panlilio
said, pointing out that Pineda has no cause of action against
him.
Calling Pineda's protest "frivolous if not
ridiculous," Panlilio also told the court that Pineda's protest
was almost identical to another election protest filed by her
lawyer in behalf of another client in Taal, Batangas. He said
Pineda's lawyer used the "shotgun approach" by including all
possible grounds for an election protest without any regard of
the fact that they are absolutely without any factual basis and
understandably, cannot be substantiated.
Panlilio said Pineda also issued a P4 million
check to pay for the cost of revision while his petition for
reconsideration was still pending before the Comelec.
Comelec spokesman James Jimenez in a phone
interview yesterday said they will respect whatever decision the
SC hands out on the matter although he said the ruling could
take some time and the poll body may have no choice but to
implement the Comelec en banc's order for a recount.
"Until the (SC's) order is promulgated, we
will have to follow our [own]," Jimenez said.
He said the contested ballot boxes have yet
to be moved but the recount, if it happens, may be held at the
Comelec head office.
Panlilio, a Catholic priest on leave, achieved the feat of
beating both incumbent governor Mark Lapid and the wealthy
Pineda in the May 2007 elections. His lead over Pineda was 1,147
votes. - Evangeline de Vera with Gerard Naval
