THE Supreme Court en banc yesterday denied with finality the petition of opposition senatorial candidate Aquilino "Koko" Pimentel III for the reversal of the court's March 13 decision affirming the authority of the special commission created by the Commission on Elections to conduct a re-canvassing of votes in Maguindanao.

In a minute resolution, the court en banc said the issues raised by Pimentel had already been passed upon by the court in the main petition and no other substantial matters were raised that would warrant a reversal of the assailed decision.

Chief Justice Reynato Puno, Justices Consuelo Ynares-Santiago, Adolfo Azcuna, Ruben Reyes, Ma. Alicia Austria-Martinez, Minita Chico-Nazario, Dante Tinga, Teresita Leonardo-De Castro and Arturo Brion all concurred in the ruling; Justices Leonardo Quisumbing, Antonio Carpio and Renato Corona did not take part, while Justices Conchita Carpio-Morales, Presbiterio Velasco Jr. and Antonio Eduardo Nachura were on official leave.

Pimentel earlier asked the SC to issue a temporary restraining order on the canvassing of allegedly manufactured certificates of canvass from Maguindanao by the special commission of the Comelec. He filed his petition before the court to nullify the canvassing by the Comelec, sitting as National Board of Canvassers, of the Maguindanao votes.

But the high court's second division said the issues raised by Pimentel should be the subject of an election protest before the Senate Electoral Tribunal and not with the SC. The decision said that since Juan Miguel Zubiri was proclaimed the 12th senator-elect in the May 14, 2007 elections on July 14, 2007 and formally assumed office on July 16, 2007, the case is now a controversy to be settled before the SET.

The court pointed out that the resolution of the issues raised by Pimentel as to the irregularities and suspicious circumstances surrounding the Maguindanao MCOCs (municipal certificates of canvass) which appear prima facie regular on their face, compels or necessitates the piercing of the veil of the MCOCs. "These issues however are more appropriate in a regular election protest, wherein the parties may litigate all the legal and factual issues raised by them in as much detail as they may deem necessary or appropriate," the court said.

The SC also rejected Pimentel's assertion that his right to due process had been violated when the Special Board of Canvassers for Maguindanao and the National Board of Canvassers disallowed his counsel's attempts to question the election officials involved in the preparation and canvassing of the contested MCOCs as there was no statute or regulation expressly providing for a procedure of allowing such questioning.

The court said Pimentel failed to establish the rights he was being deprived of, pointing out his admission that he did not submit his written observations, and objections as the rules of procedure before the National Board of Canvassers and the local boards of canvass require.