Court questions witnesses in Mt Prov 2010 poll case

By Gina Dizon

BONTOC, Mountain Province – Prosecution witnessess in the controversial gun ban case during the May 2010 elections in Paracelis town involving the son and companions of re-elect Rep. Maximo Dalog were presented here last week in the sala of  Judge Sergio Angnganay Jr. of the Regional Trial Court  with accused  filing demurrer to evidence  questioning  witnesses’ testimonies  next hearing  set July 24. 

Accused  Domingo Fangkingan Lomong-oy and  Floricel Miing were charged with  violation of  election gunban  provided in Batas Pambansa 881 of the Omnibus Election Code  and  illegal possession of firearms by virtue of  Presidential Decree 1866 following  ruling of associate prosecutor Elizabeth Bringas.

The lady prosecutor charged  the two accused following  preliminary investigation on  February  2011  and dismissed charges against  co-accused  Mario Yawan  aka Norman Fonite  and  Dexter Tenepac Paredes due to “insufficiency of evidence against them”.

In the June 18 hearing, prosecution presented witnesses Pfc Jose Pulido Jr, 26; Pfc Salvador Bergonio and Major Kenneth Bangsig.

Witness- complainant Lt. Alvin Dagondon was reportedly  out of the country.    

On May 11, 2010, three motor vehicles  carrying  six high powered firearms  were seized at a checkpoint in Sitio Ampecla, Bunot, Paracelis by  members of the  54th Infantry Battalion of the 5th Infantry Division of the Philippine Army during the May  national and local election that year.

One of the confiscated firearms, a Bushmaster 5.56 Cal.was registered in the name of Maximo B. Dalog as certified by the National Police Commission.

Accused were Fangkingan  Hewan  aka Domingo Fangkingan, Mario Yawan aka Norman Fonite and FloricelMi-ing driving  three vehicles, a hi lux, Toyota and Strada; and police officer Dexter Tenepac  Paredes.

A separate petition for inclusion was filed by Atty. Cyrus Calaya, counsel of then congressional aspirant Jupiter Dominguez before the Office of the Department of Justice to include Clarence Dalog, Paredez and Yawan in the criminal case following Bringas’ ruling.

Resolution for said separate petition is pending before the Office of the Department of Justice.

Confiscated guns were placed under the custody of the Philippine Army while the three cars impounded at the Bontoc Barracks under the custody of Atty Sergio Milan are not located anymore at the Barracks with two of the cars reportedly sold to private individuals.

It shall be recalled that Mountain Province prosecutor Golda Calaoa- Bannawi, “in the interest of fair play and justice”, inhibited herself in handling the case when said case was initially filed at the Prosecutor’s office in Bontoc.

Said case was forwarded to then regional state prosecutor Ceasar Nonnatus Roxas who then assigned the case to Baguio prosecutor Elmer Sagsago and the latter contested to inhibit Sagsago by respondents Fangkingan, Mi-ing, and Yawan.  Roxas then assigned prosecutor Bringas of Vigan City to handle the case.

The two accused Fangkingan and Miing through Atty Lauro Gacayan filed a petition for review before the Department of Justice on January 2012  to exculpate them but the DOJ  dismissed the petition.

Public clamor exhibited in signed petitions and letter-appeals to concerned authorities including the National Bureau of Investigation, Commission on Elections and the Philippine National Police asked for investigation of the alleged participation of other car occupants including Clarence Dalog, son of Rep. Dalog. 

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SC urged to resolve PCOS petitions, cases in a month

By Dexter A. See

BAGUIO CITY – The Commission on Elections urged the Supreme Court to resolve all pending petitions questioning the validity of the purchase of the more than 80,000 Print Count Optical Scan (PCOS) machines in one month to allow the poll body to meet its timelines for the automated May 2013 elections.

After their first summer en banc session in the city, Chairman SixtoBrillantes said they have already reviewed the three petitions filed by different individuals questioning the validity of the purchase of the PCOS machines to be used in next year’s elections and found that that the same are purely legal questions that could immediately be resolved, thus, there is no reason for the High Court to delay action on the pending matter.

“It is not complicated,” Brillantes remarked about the three petitions, citing that “we will be very happy if the High Court will be able to resolve the petitions before the first week of May so that we could already move on to prepare for the automated elections.”

According to him, it is now a remote possibility to go back to manual elections next year even if the SC will favor the petitions questioning the validity of the PCOS machines purchase since the poll body has other alternatives in mind although he refused to divulge such remedial measures considering that it is still premature.

“The purchase of the PCOs machines is just part of our early preparations for the May 2013 automated elections,” Brillantes said, citing that “our only problem is the delay caused by the filing of the petitions.”

Before the end of the year, Brillantes said all services shall have been bidded out and awarded to the winning suppliers so that there will be enough time to prepare for other urgent concerns regarding the elections to avoid a repeat of the problems encountered during the first implementation of the May 2010 automated elections.

“We assure the Filipino people that we will have a much improved automated elections next year,” he said, adding that aside from solving the glitches of the PCOS machines in the previous elections, “there will be significant improvements and enhancements on how the elections will be done.

The chairman asserted purchase of the PCOS machines at this time seems to be the most practical thing to do to ensure the smooth implementation of next year’s automated elections because they have already been tried and tested and that the problems encountered by the Comelec during the May 2010 automated elections are simply minor and were already corrected prior to the so-called option to buy.

“If the High Court will rule against the PCOS machines purchase, we are willing to submit to the guidelines to be prescribed for the purpose of having an automated elections,” Brillantes stressed, citing that one of the possible options is for the poll body to go on public bidding.”

When asked if there is still enough time to prepare for an automated elections with a negative SC ruling, Brillantes claimed there could probably be enough time but it would be too tight to decide what will be good for the country’s automated election system.

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SC upholds Pampanga governor’s election win

MALOLOS CITY -- The Supreme Court has upheld the election of Pampanga Gov. Lilia Pineda in 2007, dismissing the protest of losing bet and former governor Eddie “Among Ed” Panlilio.

In a resolution, the SC dismissed for being moot and academic Panlilio’s petition questioning the ruling of the Commission on Elections declaring Pineda winner in the gubernatorial race.

The SC said the case was already superseded by the elections held in May 2010, when the contested term of Pineda had lapsed and where she also won for another term.

The 2010 poll, according to the SC, “has left the court no alternative except to dismiss the petition in accord with jurisprudence to the effect that the expiration of the contested term of office renders the petition moot and academic.”

In his petition, Panlilio questioned the resolution issued on May 4, 2010 by the Comelec that affirmed the resolution of its second division dated Feb. 11, 2010.

In the ruling, Panlilio was ordered to vacate the post of governor and allow Pineda to assume the vacated post.

Panlilio and Pineda were two of the three candidates who ran for governor in the May 14, 2007 polls.

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Dy lawyers to deal with Padaca recount petition

By Charlie Lagasca

BAYOMBONG, Nueva Vizcaya– Isabela Gov. Faustino Dy III will it leave up to his lawyers to deal with the approved recount petition filed by former governor Grace Padaca in connection with her election protest against him in the 2010 elections.

“It’s up to our lawyers to confront the recount petition. It’s up to them to deal with it,” Dy said Monday in reaction to the resolution by the Commission on Elections granting Padaca’s motion for a recount.

“Anyway, we also a have a pending counterprotest before the poll body,” he added.

Dy said they have yet to receive a copy of the document.

In the resolution penned by Commissioner LucenitoTagle, the Comelec ordered the Isabela election office to transfer to the poll body’s headquarters the ballots in the 519 precincts whose results Padaca questioned. Isabela election supervisor Manuel Castillo said they have yet to receive an official copy of the decision.

Dy garnered 274,757 votes in the 2010 gubernatorial race against the 271,219 received by Padaca. Her defeat spoiled what could have been her third and final term as governor of the country’s third largest province.

Padaca cited electronic shaving of her votes, massive vote-buying and other irregularities that deprived her of victory.

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HRET junks Pampanga lawmaker's poll protest

By Jennelyn Mondejar

SAN FERNANDO CITY, Pampanga - The House of Representatives Electoral Tribunal (HRET) has dismissed an election protest filed against Pampanga Rep. Aurelio “Dong” Gonzales Jr. by his opponent.

The tribunal threw out the case filed by losing candidate Jose Quiwa III more than a year after it was filed, saying he failed to shoulder the costs involved in the protest.

It noted that at the start of its hearings, the defeated candidate had difficulty coming up with the initial deposit of P130,000 and was unable to produce the amounts the tribunal subsequently required.

The funds were to be used in the hiring of personnel who would count the contested ballots. Election law requires the one protesting to shoulder the cost involved.

In dismissing Quiwa’s complaint, the HRET also noted the huge discrepancy between his votes and those of Gonzales, who won his second term as representative of Pampanga’s third district by a landslide.

Gonzales received 195,651 votes against Quiwa’s 24,640 votes.

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Pimentel bats for new automated poll system

BULAKAN, Bulacan — Sen.Aquilino “Koko” Pimentel III batted for a new automated election system for 2013 noting that hackers may have studied the 2010 method.

“I want a new automated election system, but not exactly the one using the PCOS,” he said referring to the Precinct Count Optical Scan (PCOS) machines used last year.

Pimentel III served as guest speaker in the 161st birthday celebration of the great propagandist Gat Marcelo H. Del Pilar here today.

He said is possible that hackers and people who want to cheat in the next elections may have studied the entire system.

“It is possible that they have studied the program used including the system and the way election statements are being transmitted,” said Pimentel III, the son of his namesake, the former Senator Aquilino “Nene” Pimentel Jr.,

When asked for alternative system to be used in the 2013 automated elections, the young Pimentel said it is for the Commission on Elections to determine.

He also reminded the Comelec to maintain safety features in the new automated election system to be adapted 2013 to secure the sanctity of the ballots, citing that the poll body disabled some of the safety features of the PCOS machines.

As a victim of electoral fraud in the 2007 manual elections, the young Pimentel vowed to work for further electoral reforms in the country.

Pimentel III placed 12th in the 2010 elections but was only proclaimed as winner after Senator Juan Miguel Zubiri resigned from his post.

Pimentel III was sworn in to office last August 11.

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Mt. Province politics: Recount of Dalog-Dominguez votes to determine real winner

By Gina Dizon

BONTOC, Mountain Province – The House Electoral Tribunal has set the fourth week of August to recount votes relative to the latest congressional race in Mountain Province and come up with a decision as soon as possible on who is the real winner.

This, after congressional aspirant Jupiter Dominguez filed a petition with the HRET alleging irregular transmission, illegal counting and canvassing of votes in the May 2010 elections.

The May 2010 elections registered Dominguez second place with 23,973 votes less 751 of congressman-proclaimed Dalog’s 24,724 votes.

Ballots from the 219 precincts stored in 10 Comelec offices of Mountain Province were collected June this year and scheduled for counting among many electoral petitions which reached the HRET.

Quezon city-based lawyer Roque Bello is the counsel of Mountain Province Rep. MaximoDalog in said electoral case.

Meantime, Roque Bello was implicated in the controversial 2004 electoral fraud which allegedly placed Gloria Arroyo as president of the Philippines, the scandal forwarded for a House probe by Bayan Muna Representatives Teodoro Casiño and NeriColmenares.

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Dalog’s lawyer in HRET case: AttyRoque Bello

HAPPY WEEKEND
Gina Dizon

BONTOC, Mountain Province -- Roque Bello is the lawyer of Mountain Province Rep. MaximoDalog in the electoral case filed at the House Electoral Tribunal by congressional aspirant Jupiter Dominguez alleging irregular transmission, illegal counting and canvassing of votes in the May 2010 elections.

The May 2010 elections registered Dominguez second place with 23,973 votes less 751 of congressman-proclaimed Dalog’s 24,724 votes.

The HRET case called for re-counting of ballots covering all 219 precincts in the ten towns of the province is undergoing counting now at the HRET. AttyRoque Bello rings a bell to politicians who need Bello’s “services.”

Bello must be a sought- for- elections lawyer. He is being implicated in the 2004 electoral fraud which allegedly placed Gloria Arroyo as president of the Philippines, the case now being forwarded for probe by Bayan Muna Representatives Teodoro Casiño and NeriColmenares.

Much better, so it seems than the unpopular then Election Commissioner Virgilio Garcillano, whom Bello acknowledges is his “very good friend.” Garcillano as we know was implicated in the infamous “Hello Garci” tapes which revealed audio recordings of a phone call believed to be between then president Gloria Arroyo and Garcillano allegedly talking about rigging the 2004 elections which eventually placed Arroyo as the president.

Bello was a Comelec regional director in the National Capital Region and Region 3 before his forced resignation. He then established his own law firm and specialized in handling election cases involving mostly gubernatorial and mayoralty election protests.

The following are excerpts from Quezon city -based Newsbreak on who Bello is:

“Reported talks went that Bello’s services are sought for election manipulation, operating more smoothly than Garcillano and known to deliver his promises. A seasoned political operator recalled that Bello was one of those who shut out the opposition slate during the 1978 Interim BatasanPambansa elections among casualties of whom include former Senator Benigno Aquino Jr. and Aquilino Pimentel Jr. Reports reveal that Bello’s services was said to have been tapped to help administration candidates ensure their victories in the 2001 senatorial elections.

“His assignment, reports reveal, was “to keep Ralph Recto” within the top 12 slots, “defend the position of Francis Pangilinan,” and keep Juan Ponce Enrile, Miriam Defensor-Santiago and Gringo Honasan from gaining victories. Bello was said to have delivered 150,000 votes for administration candidates from Cavite, Bulacan, and Pampanga during the crucial days in the canvassing, when Honasan was about to land the 12th slot, for a full term of six years, and Recto appeared to stay on the 13th place, to serve only the remaining three years of TeofistoGuingona who had been appointed vice president. When the canvass was completed, Recto had overtaken Honasan. For more details, check this our: Newsbreak

Anyone needing an elections lawyer?

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Senator Zubiri’s ‘honorable’ exit

EDITORIAL

On August 3, Sen. Juan Miguel Zubiri tendered his resignation in an emotional privilege speech on the floor of the Senate claiming he and his family were hurt by personal attacks waged by his political adversaries and so he chose an honorable exit to protect himself and his family from further attacks.

With members of his family watching from the Senate gallery, Zubiri said, “I am not the only one who feels the hurt because of the personal attacks against me and my family. I could feel how my wife has had sleepless nights, my father, my mother, who has undergone two major brain operations and is now constantly suffering physically and emotionally, together with my siblings who have been hurt and affected by such unfounded and baseless accusations.”

And addressing his detractors, Zubiri paraphrased Gen. Douglas MacArthur, “I am not actually retreating; I am merely advancing in another direction,” and then he pleaded, “It is my humble prayer that this institution allows me to resign with honor and dignity.” And with finality, he said: “I am submitting my resignation as duly elected senator of the Republic of the Philippines in the election for which I am falsely accused without mercy and compassion.”

Resignation was a bitter pill to swallow; however, it cleansed him of the stigma that he would have to carry around had he decided to stay until the end of his term in 2013. His resignation provided him with an easy way out of a controversy that had haunted him since he took office in 2007 amid allegations that he cheated in the election.

He was referring to the election in the Autonomous Region in Muslim Mindanao where the senatorial candidates of then-president Gloria Macapagal Arroyo’s Lakas-Kampi party had a 12-0 victory.

The recent revelations by former ARMM governor ZaldyAmpatuan and Comelec official LintangBedol that Gloria engineered the election cheating in ARMM -- particularly in the Ampatuan-controlled Maguindanao -- to ensure the victory of her 12 senatorial candidates.

The opposition claimed that the alleged cheating resulted in the victory of Zubiri over Aquilino Pimentel Jr., which Pimentel protested with the Senate Electoral Tribunal (SET) that has yet to decide. If the SET decided in Pimentel’s favor, then he would take the Senate seat vacated by Zubiri.

But the ramification of Zubiri’s resignation is that it sets precedence for others in a similar situation to follow. Henceforth, elected officials who want an “honorable” exit from a similar situation could use the “Zubiri option.” And it can also apply to presidential appointees who got themselves immersed in corruption cases and other controversial anomalies and scandals.

Zubiri must be congratulated for doing the right thing, even it came late. And if the SET decided in his favor and declared him the winner in the 2007 election, then he could run for a Senate seat or any other elective position in 2013.

It would be a sweet victory, which he could truly be proud of. On the other hand, should he lose the electoral protest, he’ll just have to “advance in another direction” and there shouldn’t be any limit to what he could do as long as his honor and dignity are intact.

Indeed, there are times when a person must take one step back in order to be able to make a big stride in the future.

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Senator Zubiri’s ‘honorable’ exit

EDITORIAL

On August 3, Sen. Juan Miguel Zubiri tendered his resignation in an emotional privilege speech on the floor of the Senate claiming he and his family were hurt by personal attacks waged by his political adversaries and so he chose an honorable exit to protect himself and his family from further attacks.

With members of his family watching from the Senate gallery, Zubiri said, “I am not the only one who feels the hurt because of the personal attacks against me and my family. I could feel how my wife has had sleepless nights, my father, my mother, who has undergone two major brain operations and is now constantly suffering physically and emotionally, together with my siblings who have been hurt and affected by such unfounded and baseless accusations.”

And addressing his detractors, Zubiri paraphrased Gen. Douglas MacArthur, “I am not actually retreating; I am merely advancing in another direction,” and then he pleaded, “It is my humble prayer that this institution allows me to resign with honor and dignity.” And with finality, he said: “I am submitting my resignation as duly elected senator of the Republic of the Philippines in the election for which I am falsely accused without mercy and compassion.”

Resignation was a bitter pill to swallow; however, it cleansed him of the stigma that he would have to carry around had he decided to stay until the end of his term in 2013. His resignation provided him with an easy way out of a controversy that had haunted him since he took office in 2007 amid allegations that he cheated in the election.

He was referring to the election in the Autonomous Region in Muslim Mindanao where the senatorial candidates of then-president Gloria Macapagal Arroyo’s Lakas-Kampi party had a 12-0 victory.

The recent revelations by former ARMM governor ZaldyAmpatuan and Comelec official LintangBedol that Gloria engineered the election cheating in ARMM -- particularly in the Ampatuan-controlled Maguindanao -- to ensure the victory of her 12 senatorial candidates.

The opposition claimed that the alleged cheating resulted in the victory of Zubiri over Aquilino Pimentel Jr., which Pimentel protested with the Senate Electoral Tribunal (SET) that has yet to decide. If the SET decided in Pimentel’s favor, then he would take the Senate seat vacated by Zubiri.

But the ramification of Zubiri’s resignation is that it sets precedence for others in a similar situation to follow. Henceforth, elected officials who want an “honorable” exit from a similar situation could use the “Zubiri option.” And it can also apply to presidential appointees who got themselves immersed in corruption cases and other controversial anomalies and scandals.

Zubiri must be congratulated for doing the right thing, even it came late. And if the SET decided in his favor and declared him the winner in the 2007 election, then he could run for a Senate seat or any other elective position in 2013.

It would be a sweet victory, which he could truly be proud of. On the other hand, should he lose the electoral protest, he’ll just have to “advance in another direction” and there shouldn’t be any limit to what he could do as long as his honor and dignity are intact.

Indeed, there are times when a person must take one step back in order to be able to make a big stride in the future.

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Change and moving on

LETTERS FROM THE AGNO
March L. Fianza

BAGUIO CITY -- My deepest condolences to the family and relatives of the late manong Joe Dacawi. He taught me a lot more important things about newspapering that one cannot learn inside the classroom when I was new in the Midland Courier and he was the paper’s city page editor.

We will miss manong Joe’s firmness and straightforwardness, but memories of him will live on in the minds of friends and relatives. And so with the family and relatives of the late Bonnie G. Tanduyog of La Trinidad and Kapangan, a cousin by affinity, being the cousin of my cousins on my father’s side.

Bonnie was the kind of guy who looks for something to do for the needy and always asks the question “Anya timaitulong ta?”

A regular patron in music bars in the 70s, 80s and 90s who always sought the company of friends, he was almost late in raising a family of his own.

When he announced that he was going to get hitched to a beauty from Buguias, he made people very happy but at the same time, made others cry, especially his circle of friends who he was with from sunrise to sunset.

With Bonnie’s marriage to Charito, he automatically got “divorced” with partner Cesar Abalos who cried tears of joy. This time with his untimely departure, I suspect he made Boss FrankyAbalos and other very special people shed tears. But surely his memories of kindness and omnipresent smile will be remembered. My deepest sympathy to Charito and daughter Ayla, to his siblings and relatives.
***
Unless the sunrise and the sunset stop coming, there are two things in the world that are unavoidable – “change and moving on.”

People will say these are one and the same but I look at them as two different things. Change happens every second when one is alive and kicking and sleeping, and even after death when the body is decomposing, while “moving on” is leaving something behind without necessarily changing.

These could also be seen on a different angle. Change could come after moving on, or it could happen the other way where change comes first before moving on.

There are hundreds of more vivid illustrations. For example, there are public officials who move on because they continue to win in elections but they do not change. Look around you and you will see one.

There are plenty of them in city hall and everywhere. Some of them continue to move on even when they have changed position from occupying one high spot to a lower one, or that they have changed positions in order to perpetuate what they have done during their previous stint. These things will continue unless changes are made in the laws that allow them or not allow them to do so.

Last week, newspapers reported that Senator Juan Ponce Enrile was thinking of reviving proposals for amending the Constitution. I also heard a TV host comment about the election to public office of politicians who have brothers, sisters, sons, daughters, cousins and bayaws who were also elected to public office in other congressional districts or LGUs, or as senators.

To avoid the same things from happening in the future, the law concerning this should be changed. Without changing or crafting a new law, delicadeza should apply. But only a handful of politicians will do that. Instead, they will say “delicadonsa.”

Then there is also the need to amend the term of service for an elected public official. For the position of senator and President, he only gets to serve a single straight six years. Although he has powers in the tip of his fingers, he is already considered a lame duck at the time he is elected because he may no longer be able to run for another term.

Unless the politician first grabs power, finishes the unfinished years of the poor victim of the power grab, then runs again in a new election, like someone that we know.

For a good President, he can implement a lot of changes. For a bad one, he or she can go very bad and steal away all the money he or she wants, like someone that we know.

For congressmen and LGU politicians, they only get to serve three years in a single term, and may be re-elected for two more terms, making a total number of nine years in service if continuously re-elected.

In a single term of three years, the scenario could be the ff: in the first six months following the midterm election, the elected official goes around thanking his supporters, fixes the unfinished work of his predecessor while waiting for new funds for new project proposals.

The second year following the election year comes as his first full year where the new project proposals may now be executed. This will continue until the first six months of the next year; however the second half of this year will be eaten up by political repositioning, political alignments, and the Comelec registration of candidates in November. What is left is the first six months of the last year which is an election year.

Except for the President and senators, practically all the rest of the elected officials in the country worked effectively for an average of only 18 months or one and a half years. The rest of the time of public service officially went to political affairs.

In the case of senatorial candidates Koko Pimentel and MigsZubiri, it took almost four years from 2007 to 2011 for the problem to be resolved. Records show that Pimentel already won but if not for Zubiri’s resignation, the case could have continued till next year. The process in resolving electoral conflicts should be restudied too and has to be shortened in order that the true wining candidates are able to serve their mandate.

But we cannot do anything because there are stupid laws that we have to follow. To be able to serve the public properly therefore, is to have the number of years of a term amended. I do favor going back to the time when elected public officials served a term for four years, plus one re-election. That should also apply to the election of senators and Presidents.

Electoral reforms should be continuing. I do wish Enrile has this in his list of reforms. Only then can we effect change and really move on. – marchfianza777@yahoo.com

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Seeking inquiry on 2010 elections

BANTAYGOBYERNO
Ike Seneres

MANILA -- One year after the 2010 elections, the flawed automated system used in the 2010 national and local elections still casts doubt on the legitimacy of the present Government, a coalition of international and local civil society groups claims.

To establish an atmosphere of legitimacy, TanggulangDemokrasya[1] (Tan Dem) said Malacanang should lead the investigation of the country’s first automated elections, together with Congress and the Commission on Elections.

TanDem is a network of civil society groups, people's organizations, information technology experts, overseas Filipino professionals, reform advocates and concerned citizens, calling for the comprehensive review of the May 2010 automated elections.

Until now, Tan Dem pointed out that some sectors still consider the much acclaimed 2010 electoral victory as null and void "ab initio”, or void from the very beginning, because it was the result of an unlawful implementation of the mandated automated election system (AES).

“All electoral victory, starting from President Aquino down to the local councilors, can be considered as fruit of the poisonous tree because it was a result of a process that was illegal and unconstitutional from the very start,” the group said, adding that the gravest electoral cheating in the country’s history happened in the 2010 elections.

Tan Dem said until and unless Malacanang, Congress, and the Comelec conduct a true-blue and in-depth investigation of the 2010 elections, the issue of legitimacy will hang above the heads of all elective officials, including that of President Aquino, like a Sword of Damocles.

“The best thing for them to do is order their allies in Congress, and join with the Commission on Elections, to conduct an investigation on the 2010 elections, just like they are vigorously pursuing for the investigation of the 2004 and 2007 elections,” the group emphasized.

Tan Dem asserts that a thorough investigation of the 2010 elections would yield valuable lessons learnt – which could serve as the basis for ensuring that the 2013 and 2016 elections would truly reflect the will of the people.

Earlier, Tan Dem claimed that safeguards in the automated system used in last year’s election were illegally disregarded, and election returns were deliberately left without legally required "digital signatures", opening the electoral process and results to fraud that undermined the legitimacy of the election results.

Some of these shortcomings were the suspension of the use of "digital signatures " by the Board of Elections Inspectors (BEI) upon direct orders of the Comelec En Banc itself, the suspension of the use of the built-in Ultraviolet Scanners which are designed to authenticate the ballots being fed into PCOS machine, the failure of the PCOS based AES to comply with the minimum accuracy rate of 99.995% as admitted by the TWG-RMA, the suspension of the PCOS function to show on the screen the voter’ ballots instead of merely the word “Congratulations,” the disregard of the law’s provision on “data retention such as when the COMELEC destroyed memory cards and Compact Flash Cards as early as May 15, 2010.

Tan Dem also questioned the uncompleted source code review and pre-testing of the PCOS machines as specified in the law, the grossly defective implementation of the Random Manual Audit in blatant violation of the law to ensure the sanctity of the ballot, and the disenfranchisement of an estimated 2 to 8 million voters of the presidential, vice-presidential and senatorial elections.

Several civil society groups and personalities, led by HombonoAdaza, have questioned the legality of the 2010 polls before the Supreme Court but the latter has to issue an order regarding the matter.

During the 2010 elections, a team of Election Observers, organized by the Global Filipino Nation (GFN), including citizens from different countries, extensively observed the elections from close range in different provinces. In their report, they challenged the legitimacy of the election results.

The group is also batting for a citizen’s recount in the face of serious election law violations by Comelec and other operational glitches that put to serious doubt the credibility of the elections. TanDem members of GFN and We Care have a pending petition with the Supreme Court for the disclosure of ALL photo images of ALL ballots to facilitate a people's recount.

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Poll case probe starts after DOJ resolution

By Gina Dizon

BONTOC, Mountain Province -- A year after it was filed here, the much delayed preliminary investigation of the gunban case against Domingo Hewan/Domingo Fangkingan, Mario Yawan, Norman Funite, Floricel Miing, and Dexter Paredes shall begin upon resolution of the Department of Justice, judge Joseph Patnaan of the Regional Trial Court here said .

Patnaan, in a resolution, ordered further proceedings are suspended pending resolution of appeal interposed by the accused with the office of the Secretary of Justice, seeking a review of the resolution of acting provincial prosecutor Elizabeth Bringas.

Lawyer for the accused Lauro Gacayan said there was no primary evidence to support charges of violation of Presidential Decree 1866 and violation of the Comelec gunban in his resolution which reached the DOJ.

In her resolution, Bringas indicted Fangkingan Hewan and Floricel Miing while charges against Norman Funite/Mario Yawan and Dexter Tinipac did not pursue.

Bontoc residents Fangkingan Hewan, Mariano Yawan, and Floricel Miing were arrested at Sitio Ampekla, Barangay Bunot in Paracelis for violating Comelec’s gunban law by allegedly carrying six high powered firearms loaded in three cars on May 11 this year, police reports reveal.

A complaint for violation of the Omnibus Election Code and PD 1866 on illegal possession of fire arms was then filed by the Philippine Army against Domingo Hewan/Domingo Fangkingan, Mario Yawan/ Norman Funite, Floricel Miing and Dexter Paredes.

The case was initially filed at the Prosecutor’s Office in Bontoc, and forwarded to the Office of Regional State Prosecutor Ceasar Roxas following inhibition of prosecutor Golda Bannawi “in the interest of fair play and justice.”

Said case was assigned to Baguio Prosecutor Elmer Sagsago followed by a protest for his inhibition to the case, till said case was assigned to Prosecutor Bringas .

Meantime, a letter-appeal by community leaders was forwarded to the offices of the Comelec, Philippine National Police (PNP, the Philippine Army, National Bureau of Investigation, and Cordillera Human Rights Alliance to investigate the arrest and release of those involved in the incident in Bunot wherein army personnel confiscated Bushmaster Cal. 5.56 reportedly owned by Maximo Dalog and a 92 FS Pietro Beretta Cal. 9mm accordingly issued to police Insp. Dexter Mariano Paredes.

Signatories also called for an investigation of why all occupants of the three confiscated cars were not arrested and named in the Paracelis police report.

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Election irregularities: HRET orders recount of Mt Prov ballot boxes

By Gina Dizon

BONTOC, Mountain Province – Following election irregularities, the House of Representatives Electoral Tribunal has ordered the collection starting June 21 of ballot boxes and other election paraphernalia in the province on the May 2010 elections covering the ten municipalities.

The order stemmed from HRET Case 10 048 with protestant congressional aspirant Jupiter Dominguez alleging irregular transmission , illegal counting and canvassing of votes in the May 2010 elections.

Dominguez called for re-counting of ballots covering all 219 precincts in the ten towns of the province.

The May 2010 elections registered Dominguez second place with 23,973 votes less 751 of congressman-proclaimed Dalog’s 24,724 votes.

Following the election protest, a preliminary conference was held Sept 2010 with an order that all ballot boxes be transported to the HRET for revision and recount.
Pablo Wagtingan Jr., lawyer of Dominguez said the collection of all ballot boxes shall be done the soonest possible time.

Ballot boxes shall be stored and secured in a designated space at the Capitol building in this province as per request to Gov. Leonard Mayaen.
Collected ballot boxes shall be transported to the HRET office at Quezon City for recounting, Wagtingan said.

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Chavit’s camp debunks vote-buying allegations

By Teddy Molina

VIGAN CITY– Supporters of former Vigan City Mayor Ryan Luis Singson who topped the special congressional poll in Ilocos Sur’s first district May 28, debunked allegations insinuating that the Singson camp had engaged in vote buying.

“As far as our camp is concerned, there was no need for it (vote-buying),” Jerry Acosta, a campaign leader of Singson said.

Acosta said the first district is “full Chavit country,” referring to Gov. Luis “Chavit” Singson, the newly elected congressman’s father.

Acosta added the local opposition is divided, with majority of them voting though for the young Singson following the endorsement of Liberal Party (LP)-Ilocos Sur chairman Francisco Ranches.

Earlier, the National Movement for Free Elections said it received reports of alleged vote buying from their volunteers.

In endorsing the young Singson, Ranches said he was never consulted nor contacted by his partymate Bertrand Baterina, who was the former’s lone opponent, before, during and after the campaign period.

“No word from him, my phone is always open,” he said in Filipino.

Meanwhile, the new congressman, who took his oath of office before Speaker Feliciano Belmonte May 30, thanked President Aquino for the LP’s support, through Ranches, to his candidacy.

“I pledge to support all his (Aquino’s) programs for the progress of our nation and people,” he said.

Sources said the young Singson is poised to join the LP soon.

He succeeded his brother Ronald who resigned from the House after being convicted of drug trafficking by a Hong Kong court last February.

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Special Isabela election peaceful

By Charlie Lagasca

BAYOMBONG, Nueva Vizcaya– Special barangay elections in three typhoon-hit coastal towns of Isabela on Nov. 20 were generally peaceful, contrary to fears of violence following the recent killing of a candidate for village chief.

The barangay and Sangguniang Kabataan polls in the towns of Palanan, Maconacon and Divilacan were postponed to that date due to devastation wreaked by Typhoon “Juan” last Oct. 19, barely a week before the scheduled elections.

Isabela election supervisor Manuel Castillo said except for minor hitches like shortage of ballots in some precincts in Palanan, the special elections there and in the two other towns went smoothly, with high voter turnout.

Two days before the special polls in Palanan, Alexander Salazar, a candidate for barangay chairman, was killed in a reported shootout with his rival, Wilmer Atienza, the incumbent village chief.

Salazar’s companion, Ladislao Lanioza Jr., was also slain in the incident.

In Tarlac, special elections were also held in two barangays in Paniqui town Nov. 20.

The polls in Barangays Salumague and San Isidro were postponed due to heavy flooding in schools that would serve as polling centers last Oct. 25.

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Barangay money politics

EDITORIAL

The latest election was another costly political exercise wherein taxpayers’ money was spent supposedly to elect responsible leaders in the grassroots level.

What happened was another showcase of greed for money by candidates considering that barangays now are not to be pooh poohed. This supposedly lowest government unit now has sizable government allocations and perks presumably for projects but which end up being used for personal or petty purposes on whims or caprices of these local officials.

So it was not a wonder if candidates cheated by bringing in flying voters, buying votes or terrorizing or killing political opponents or their supporters –all for love of money, courtesy of a national government which seemingly now makes financial dole-outs to government agencies or adjuncts without viable programs. In this essence, taxpayers’ money is not allotted judiciously.

So now, the ideal of a vibrant and communal pillar of democracy has been reduced to synchronized hypocrisy and partisanship, violence, dishonesty and wanton unaccountability.

For most, it is now a matter of amassing money for personal gains. It is not about character, principles, platform or vision anymore. The campaign promises are just that – campaign promises. It is money politics in the local level.

It is high time the Local Government Code is studied and amended in relation to the barangay and sangguniang kabataan as political units like these have become breeding grounds for corruption.

In the case of the barangay, if there are lesser perks or allocations for locally elected officials, then maybe, only persons of integrity who have the best interests of constituents in mind, may run next time around. As to the SK, it is high time it is abolished as it had been a training ground for the youth for again – corruption.

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Flying voters

Rudy Garcia

BAGUIO CITY -- Aside from motorists and pedestrians who lack discipline, one factor for the worsening flow of traffic along Harrison Road in this city are hard-headed jeep drivers of Trancoville and Aurora Hill who are making the intersection of Harrison and Lower Mabini Road their loading terminal.

I wonder why traffic enforcers deployed in that area are allowing these jeeps to park and wait for their passengers causing undue traffic obstruction at Harrison. Perhaps city police traffic management division chief Engelbert Soriano could look unto this matter, right Apo Soriano? Pakibusisi!
***
The recently held barangay and snagguniang kabataan election had some untoward events that led to the filling of protests and complaints at the Commission on Elections. I was at the Baguio Central School to observe the election when I noticed complaints flooding the voting precinct of Barangay AZCKO.

There were instances that some voters were surprised to know that some persons already voted for them. It was also a wonder that some persons were allowed to enter the precinct with campaign materials on hand, when there were cops and Comelec deputized officers guarding the entrance and perimeter of the voting precincts.

From my previous column, I called the attention of lawyer Elenita Tabangin, local Comelec chief to look into a reported 60 Muslim flying voters in a barangay in the central business district.

I also don’t know how alleged flying voters were able to slip into precincts to vote for this punong barangay candidate who won overwhelmingly on his barangay. Well. it’s politics and these rookie politicos are learning much from these pulpulliticos. Who could be the next political student to step into the arena? Those sangguniang kabataan candidates and the victors?

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Cordillera elections on despite storm damage

BAGUIO CITY -- It’s all systems go for barangay and Sangguniang Kabataan in the Cordillera Oct. 25 despite devastation by typhoon “Juan.”

Commission on Elections regional director Julius Torres bared this Friday saying they recommended earlier the resetting of polls in the region but the Comelec en banc decided to push through with it.

This includes the provinces of Benguet, Ifugao, Kalinga, Apayao, Mountain Province, Abra and Baguio City.

The regional Comelec earlier recommended the postponement based on lack of electricity and difficulty in transportation because of landslides and rockslides on most roads.

The Comelec also decided Thursday to push through with barangay and Sangguniang Kabataan elections in Cagayan and Isabela provinces that were ravaged by typhoon “Juan.”

Poll officials, however, postponed the elections in the isolated coastal towns of Maconacon, Divilican and Palanan in Isabela.

The barangay and SK polls could be held in the three towns in November.

Comelec Chairman Jose Melo held a consultation meeting Wednesday afternoon with officials of the National Disaster Risk Reduction and Management Council at Camp Aguinaldo in Quezon City.

Melo said the Oct. 25 barangay and SK elections in the calamity areas will be held an hour earlier, from 6 a.m. to 2 p.m., instead of the 7 a.m. to 3 p.m. regular poll schedule nationwide.

“The picture is bright because in the whole north, which was hit by typhoon Juan, except for three municipalities, it’s a go for other municipalities,” Melo said.

He said in municipalities where electricity has yet to be restored, voting would start at 6 a.m. up to 2 p.m., for local election officials to have an extra hour to count and tally votes. Half of Isabela and Cagayan still have no electricity.

Melo said that after the 2 p.m. closing time, voters who are within 100 yards of polling centers could still cast their votes based on Comelec rules.

He said the suspension of the barangay and SK elections in Divilican, Palanan and Maconacon was based on reports of the NDRRMC that the three municipalities were badly hit by Juan that destroyed almost all the infrastructure, including school buildings.

NDRRMC executive director retired Army Gen. Benito Ramos and other disaster management officials conducted an aerial survey of the typhoon-ravaged provinces Wednesday to assess extent of devastation wreaked by Juan, particularly to agriculture, fisheries and infrastructure.

Melo called on local politicians, especially those running in barangay and SK elections in the calamity areas, not to use the recent disaster to distribute relief goods and at the same time campaign for votes.

He also called on governors and mayors to exercise prudence and avoid being identified with any of the candidates in the barangay and SK elections while they are distributing relief goods to typhoon victims.

Melo warned poll candidates that sanctions could be meted on candidates found sticking campaign materials on bags of relief goods.

“They (candidates) could help their constituents but they must exercise prudence in all their actions as it might be violating the Election Code,” Melo said.

The Comelec said the poll body would deputize police officers to act as election inspectors in some areas in Mindanao where teachers refused to render poll duty due to fear of violence.

The Armed Forces of the Philippines assured the Comelec of its full support in the nationwide barangay and SK elections.

“While we are now engaged in rehabilitation operations in northern Luzon as a result of the typhoon, we are throwing our full support to the Comelec in connection with the Oct. 25 barangay and SK elections,” said Maj. Gen. Emmanuel Bautista, AFP deputy chief of staff for operations.

Comelec spokesman James Jimenez said the poll body is confident that the ballot boxes and other election paraphernalia for the barangay and SK polls would be delivered before elections.

The poll body hopes to deliver the election paraphernalia in advance to give the city and municipal treasurers and teachers serving as Board of Election Tellers enough time to prepare for Monday’s elections.

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Baguio barangay shows way to hold peaceful elections

By Bong Cayabyab

BAGUIO CITY - If all politicians will only follow the lead of Barangay Pinsao Pilot Project here, the Commission on Elections would have nothing to monitor for cheating, violence and over-spending during elections.

The election campaign period in this barangay started without a big bang or festivities as compared to other areas in nearby barangays and the rest of the country.

The day was greeted with fireworks display or posters indiscriminately posted on every nook and cranny not even sparing tree trunks and branches.

Politicians spend a lot of money and resources by giving away free t-shirts, tokens, food and drinks as "bribes" as part of their strategy to win.

But, in Pinsao Pilot Project it is different. Even the poor can run because everyone is given equal political campaign rights and the campaign need not be expensive.

A covenant signed by the punong barangay, kagawad and the sangguniang kabataan candidates agreed to protect the environment by prohibiting posters and parapharnelia pasted or hanged along posts, walls and trees.

The candidates also agreed to be non-partisan giving equal rights by putting all the names of the candidates in alphabetical order in a specially designed posting board divided equally among the candidates later set up in three designated areas within the barangay approved by the Commission on Elections.

Their agreement prohibited giving bribes, T-shirts, tokens,gifts, food and drinks to residents.

Joining drinking binges with their constituents was not allowed including the prohibition of any candidate to campaign "under the influence of liquor" to earn respect of the community.

Candidate posters were agreed to be posted only within their residence while sample ballots were not allowed to be printed during the elections.

Punong barangay Sotero Dulaycan and Edgar Kapawen Sr. who also held the position, both running for the top position headed the signing of the covenant participated in by 19 aspiring barangay kagawads and one unopposed candidate running for SK chairman.

They agreed that there shall be no political mudslinging and their polyetos will not exceed one-half of a regular coupon bond.
The candidates also agreed to campaign together at the same time during house-to-house sorties.

"We think this is the most honorable way to campaign. Less expense on our part while earning the respect of our constituents," said Dulaycan and Kapawen.

The barangay kagawads who are slugging out for the top eight positions are (in alphabetical order) George Adawe Sr.,William Baden, Alex Bangcawayan, Bernardo Batay-an, Gabriel Bestoton, Rosendo Castro, Monte Cawiding, Gertrude Coy-om, Jessie Culos, Patrict Dangatan, Willy Esoen, Roy Fagayan, Wilma Fangloy, Agustina Ignacio, Helen Longchaya, Virginia Malag, Romilda Palacsa, Romulo Soriano and Mary Quanzo.

Respected elder Cristy Lardizabal showed her dismay upon learning that only one party representing the SK was running un-opposed showing that the youth were not interested in a political exercise to serve their community.

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