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Koko Pimentel seeks dismissal

of Zubiri counter-protest

Lawyer Aquilino “Koko Pimentel, President of PDP Laban, who ran but lost in the 2007 senatorial race to Juan Miguel Zubiri, is asking the Senate Electoral Tribunal (SET) to dismiss Zubiri’s counter-protest for failure to comply with the strict terms of SET Resolution No. 07-108, in addition to the grounds stated in Pimentel's Motion for Reconsideration pending since July 1, 2010.

In an Urgent Motion to Dismiss the Zubiri Counter-Protest filed on October 26, 2010, Pimentel said that on September 29, 2010, the SET issued Resolution No. 07-108, which required Zubiri to deposit to the Tribunal the total amount of P8,250,757.50 strictly in accordance with the following schedule: on or before 07 October 2010, P1,756,050.00; on or before 20 October 2010, P1,968,940.00; on or before 22 November 2010, P839,960.00; on or before 03 January 2011, P887,512.50; on or before 01 February 2011, P848,815.00; on or before 21 February 2011, P1,291,105.00; and on or before 38 March 2011, P658,375.00.

In a Manifestation with Motion [To Apply Portion of Remaining Cash Deposit in Payment for Second Installment Required in this Counter-Protest] dated October 19, 2010, Zubiri said, through counsel, that “this Honorable Tribunal apply a portion of his remaining cash deposit in payment for and as full compliance of the second installment of the cash deposit required by this Honorable Tribunal in the amount of P1,968,940.00, payable not later than October 20, 2010, as directed in the schedule of payments devised by this Honorable Tribunal as per SET Resolution No. 07-108 dated September 29, 2010.”

Pimentel said Zubiri’s logic is that his remaining cash balance of P3,506,401.37 as of October 8, 2010 is enough to cover “the second installment of the cash deposit required by this Honorable Tribunal in the amount of P1,968,940.00”, which by Zubiri’s own admission should have been paid not later than October 20, 2010.

What Zubiri omitted to state, Pimentel said, is that his “remaining cash balance of P3,506,401.37 as of October 8, 2010” consists of his remaining balance as of July 27, 2010 in the amount of P1,750,351.37 and the additional deposit made on October 7, 2010 in the amount of P1,756,050.00. This “additional deposit” of P1,756,050.00 made on October 7, 2010 is the first installment required by SET Resolution No. 07-108, Pimentel said.

In short, Pimentel said, Zubiri wants a double-counting of his deposit.

Pimentel said per SET Resolution No. 07-108, whose terms should be strictly followed, Zubiri’s deposit balance by October 20, 2010 should not be less than P3,724,990.00, which is the sum of P1,756,050.00 (to be deposited on or before October 7, 2010) plus P1,968,940.00 (to be deposited on or before October 20, 2010). Pimentel said it “should not be less than” because according to Zubiri himself, he is required to maintain a certain amount to answer for the expenses in the eventual return of the ballot boxes and election paraphernalia subject of the instant case to their places of origin.

Since Zubiri wants his outstanding cash deposit as of October 8, 2010 in the amount of P3,506,401.37 to answer for the first two installments required by SET Resolution No. 07-108 in the total amount of P3,724,990.00, it is clear, Pimentel said, that Zubiri did not strictly comply with the terms of SET Resolution No. 07-108, specifically the making of a deposit in the amount of P1,968,940.00 on or before October 20, 2010.

This intentional non-compliance with the strict terms of SET Resolution No. 07-108, Pimentel said, “reinforces what we have maintained all along—that Zubiri’s Counter-Protest is baseless and unjustified, that Zubiri is not a serious Counter-Protestant, and that the entire Counter-Protest is simply meant to delay the final, prompt, just and objective disposition of Pimentel’s Protest.”

Pimentel is also asking the SET to resolve three pending motions. These are the Manifestation with Motion for Disqualification of Senators Angara, Legarda and Lapid, filed on June 24, 2010; Motion for Reconsideration of SET Resolution No. 07-105 dated July 1, 2010; and a Motion to Resolve Pending Motions dated September 13, 2010.

Pimentel said that since it is already late October 2010, he “believes that a sufficient period of time has already elapsed for this Honorable Tribunal to have considered and reviewed the allegations, the facts, and the evidence in order for it to resolve objectively, justly, and intelligently the above-mentioned pending motions.”

In countless pronouncements, Pimentel said, “the Honorable Supreme Court has taught us that time is of the essence in election protests.”

Pimentel further said: “Less than three years remain of the six-year term being contested in this election protest, yet the Motion for Reconsideration of Resolution No. 07-105 has been pending since July 1, 2010, or close to four months already as of date hereof.”

Pimentel is also asking the Commission on Elections en banc to resolve two complaints, one against Lilia Suan Radam, et.al, in E.O. Case No. 07-084, and the other against Yogie Martirizar, et al., in E.O. Case No. 07-138. Pimentel lamented the fact that the two cases have been pending for so long and that these are already ripe for final determination on the merits, since “justice delayed is justice denied.”

Read all about Latest SET Resolution...

I have been accused by the SET-majority of making a mockery of the proceedings!

And have been threatened with contempt!

Since the SET-majority's position cannot be defended in Plaza Miranda, they have sought instead to silence me. Which is consistent with their game plan: ibaon sa limot ang nangyaring dayaan sa Maguindanao noong 2007.

In the case of the electoral fraud in Maguindanao in 2007 which benefited not only Zubiri but also ANGARA, let us be like the Taipans, and maintain the memories of elephants. They shall not succeed in their plan!

haha sorry for them, we will never forget.

Justice Antonio Carpio, Senators Pia Cayetano and Kiko Pangilinan sided with us.

Thanks for the prayers.

Read all about Update as of July 2010...

Electoral Justice

In the May 14 2007 Senatorial Elections the people overwhelmingly voted against the administration. It initially looked like a 9 to 3 victory with Koko Pimentel as number 12.

However, when the COMELEC decided to canvass the Maguindanao votes, Zubiri was in the 12^th position with 11,005,866 votes vs Koko Pimentel in 13^th with 10,984,347 votes a difference of 21,519 votes.

On July 30, 2007 Pimentel filed a protest before the SET (Senate Electoral Tribunal) pinpointing 2,658 precincts in 44 municipalities and 7 provinces.

Following Rule 79 of the SET, Pimentel designated 664 precincts 25% of the protested precincts for the pilot count.

The revised count in the 664 pilot precincts already gave Pimentel a net gain of 103,812 votes which already overwhelmed Zubiri’s 21,519 lead in the COMELEC canvass.

At that point simple logic would dictate that Pimentel was the winner.

The SET proceeded to revise the remaining 75% of the precincts contested by Pimentel at the end of which Pimentel’s net gain was 257,401 votes.

If justice and reason prevailed in the Senate Electoral Tribunal Koko Pimentel should have been senator.

However, Zubiri filed a counter protest questioning the results in 73,265 precincts in 25 cities and provinces.

This was clearly a delaying tactic. The Zubiri contested precincts are about 1/3 of the 224,682 total precincts nationwide.

Zubiri’s justification for his protest was that in the areas selected only one or two administration candidates won.

After nearly 3 years the revisions of Zubiri’s pilot precincts have been completed. Zubiri had a net gain 11,948 votes in 18,227 precincts a gain of 0.65 (less than 1) votes per precinct.

In a midnight resolution dated June 4, 2010 the SET against plain common sense ordered that the remaining 75% of Zubiri’s contested 70,607 precincts be revised.

A grade six student could easily say that this does not make sense.

In the same resolution the majority made up of Senator’s Angara, Legarda, Gordon, Lapid and possibly Pangilinan with Justices Velasco and de Castro stated that there were more than 50% spurious ballots!

Fortunately, we have Justice Carpio who dissented and computed that only 2.2% of the total contested ballots in Quezon City, Manila, Batangas, and Bulacan were spurious.

Justice Carpio states,

“In Zubiri’s pilot precincts, consisting of 18,227 precincts, he was able to recover only 11,948 votes, subject to adjustments, translating to 0.66 average vote recovered per precinct. His projected total recovery is only 33,794 votes in his remaining 75% non-pilot protested precincts, or a total projected recovery of 45,742 votes in all his 70,607 counter-protested precincts.

On the other hand, Pimentel’s net recovery in all his protested precints is 257,401 votes. Even if we deduct the number of votes contained in the fake ballots, Zubiri’s projected net recovery can not successfully overcome the net recovery posted by Pimentel.”

Pimentel has filed a motion for reconsideration let us hope that the new members of the Senate Electoral Tribunal have a sense of justice and love of country, a little logic and a little arithmetic. And decide to proclaim Koko Pimentel as the duly elected senator.

To waste more years counting Zubiri’s 52,000 contested precincts would be foolish and unjust!

Justice delayed is justice denied, not just for Pimentel but for the Filipino Nation.

Read all about Pimentel Protest News Clippings...

Philippine Daily Inquirer (July 23, 2009): Koko: I'm ahead in recount.