BY EVANGELINE DE VERA

THE Supreme Court yesterday dismissed the petition of Genuine Opposition senatorial candidate Aquilino "Koko" Pimentel III to stop the Commission on Elections from canvassing votes from Maguindanao that eventually spelled victory for Team Unity candidate Juan Miguel Zubiri.

The Court's decision, however, did not remove legal obstacles in Zubiri's victory as the Senate Electoral Tribunal has yet to issue a ruling on Pimentel's petition questioning Zubiri's proclamation as the 12th winning senator in the May 2007 senatorial race.

The ruling was unanimously concurred in by all justices except for Senior Associate Justice Leonardo Quisumbing and Associate Justices Antonio Carpio and Renato Corona, who did not take part in the ruling, being members of the SET.

The Court ruled that Pimentel's claim of violation of due process deserves scant consideration, saying his petition's intent is to delay the canvass proceedings before the Comelec en banc, acting as the National Board of Canvassers, and its constituted Special Provincial Board of Canvassers (SPBOC).

Pimentel, in his June 14, 2007 petition, said the NBC and SPBOC-Maguindanao reduced his lead over Zubiri to only 4,000 from 133,000 votes.

He filed an election protest before the SET, which last August directed the Comelec to safeguard and preserve the integrity of the ballot boxes and their keys, list of voters, as well as other relevant election documents and materials in connection with the senatorial elections.

In his 44-page petition to the SC, Pimentel sought to restrain the Comelec from enforcing its assailed orders to "salvaging accountable election documents" and from using any of documents retrieved or received from any election officer or any person in Maguindanao in any canvass or recanvass for senator from that province.

Pimentel said the Comelec exceeded its jurisdiction and committed grave abuse of discretion when it brought members of the commission led by Commissioner Nicodemo Ferrer on a "fishing expedition" in Maguindanao when local officials and congressman in the province had already been proclaimed.

He said the Comelec illegally authorized Ferrer to go to Maguindanao, meet with the various municipal election officers therein, "see" what accountable election documents were in their possession, and determine if they could be included in the canvass for senators.