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Comelec-Pampanga validates recall petition vs ‘Among Ed’

SAN FERNANDO, Pampanga – The provincial office of the Commission on Elections here confirmed that the recall petition against Gov. Eddie Panlilio – “Among Ed” to his supporters – is valid in “form and substance” and endorsed it last week to the poll body’s central office which will decide whether to hold a special election or not.

Provincial Comelec supervisor Temmie Lambino did bit comment on his recommendation on the recall petition. But sources from the poll body’s regional office said his recommendation “clearly indicated” his confirmation of the validity of the petition’s form and substance, as required by law.

“Otherwise, the petition would stop right at the provincial level,” one of the sources said.
Lambino said he preferred the announcement on the petition’s form and substance be made by the Comelec, which still has to further scrutinize his recommendation.

Lambino added a special gubernatorial election that could arise from the recall petition would cost P24 million if held in one day, P37 million in two days, and P52 million in three days. “I think (Comelec Chairman Jose Melo) was thinking of two days when he cited the P40-million cost of the special election for governor in Pampanga,” he said.

In a visit to Pampanga last week, Melo said his agency did not have P40 million to finance such a special election, but added local governments in Pampanga could pitch in for the needed funds.

The provincial board has begun moves to allocate P25 million for the exercise. Panlilio though said he would veto this, adding there are more pressing concerns that needed funding. Vice Gov. Joseller “Yeng” Guiao, who presides over the board, said they would override Panlilio’s veto of their funding resolution approved on first reading Oct. 20.

“It (P25-million fund) will be worth the investment based on the clamor of the 224,000 Pampanga folk who signed the recall petition,” he said, adding that the board has not been remiss in approving funds for Panlilio’s projects that were “justified.”

But election lawyer Romulo Macalintal, one of Panlilio’s legal counsels, said the board’s move would be “illegal,” as it would violate Section 305 of the Local Government Code that provides that public funds be spent solely for public purpose and payment of goods and services.

“ For sure, recall is not for a public purpose but a partisan political act which is disruptive of public service,” he said.

Macalintal said the board “cannot raise funds to construct roads, schools and other public facilities but can easily raise P25 million for their own political interests.”

Lambino said the recall petition’s timetable could be affected if Panlilio files a protest before the Comelec, explaining that the law allows recall polls to be held only up to May 9 next year, or one year before the next elections.

Lambino said his recommendation on the recall petition was submitted yesterday to Comelec deputy executive director for operations Bartolome Sinocruz Jr.

He said his action concerned only the form and substance of the petition, as the authenticity of the 224,000 signatures will be validated only after the Comelec confirms his recommendation.

He said Sinocruz has three days to study his recommendation before forwarding it to the Comelec en banc, which will then either confirm or reject the recommendation within 15 days from the filing of the petition last Oct. 15.

Lambino said form and substance refers to the petition’s compliance with the legal requirement for 10 percent of signatures of registered voters in the province. It also refers to documentary requirements such as a certification from the National Statistics Office on the province’s voting population, a certification from the Department of the Interior and Local Government on when Panlilio took over as governor, and a certification on the P50,000 filing fee paid to the Comelec provincial office.

The Kapanalig at Kambilan neng Memalen Pampanga (Kambilan), headed by Rosve Henson, initiated the recall move against Panlilio, citing loss of confidence in his leadership.

The Kambilan submitted the petition to Lambino last Thursday with 224,000 signatures or more than 10 percent of the province’s nearly one million voters. Should the Comelec affirm the validity of the petition’s form and substance, Lambino said he has 12 days within which to validate each of the 224,000 signatures with the help of municipal and city election officers.