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  • Panlilio goes to SC over poll protest
     
    By Joel San Juan
    Reporter
     

    PAMPANGA Gov. Eddie Panlilio on Thursday asked the Supreme Court to stop the Commission on Elections (Comelec) from implementing its resolution allowing the election protest of his political rival, Lilia Pineda, to proceed.

    In a petition filed through his lawyer Ernesto Francisco Jr., Panlilio assailed the Comelec order dated July 23, 2007, giving due course to Pineda’s poll protest by directing the revision of ballots pertaining to the protested 4,847 precincts.

    Panlilio is also seeking to declare null and void the August 1, 2007 and February 6, 2008 orders issued by the poll body’s Second Division, which junked his motions for reconsideration and to certify his motion for reconsideration to the Comelec en banc.

    He urged the tribunal to hand down a writ of preliminary injunction or a temporary restraining order or both to stop the Comelec from implementing the orders.

    Panlilio said Pineda’s election protest should have been dismissed outright because, on its face, it is a “sham protest.”

    Panlilio’s lawyer added Pineda’s suit is “based on bare and general allegations of fraud and irregularities which, under existing jurisprudence, had already been held as ‘virtually impossible’ in view of the presence of watchers stationed at the back of election inspectors.”

    Panlilo also said “the frivolous, if not ridiculous, character” of Pineda’s protest is demonstrated by the fact that the latter is contesting all the precincts in all the towns and cities in Pampanga, except Angeles City, and even identified a total of 4,836 precincts in the instant petition.

    He also noted the questionable payment of P4 million by Pineda while his motion for reconsideration of the poll body’s July 23, 2007 motion for reconsideration is still pending.

    “At this juncture, petitioner respectfully maintains that the conduct of private respondent and her counsel is highly unconventional and irregular. Logically speaking, no counsel or party would effect compliance with an order requiring payment of millions of pesos when there is still a pending motion for reconsideration of the said order. This is because there is always that possibility that the said order may be reversed or modified,” the governor added.

    He also said the claim of Pineda that she was cheated in all 4,836 precincts without any objection from her watchers or without questioning before the Board of Election Inspectors in the said precincts is a very incredible and unbelievable.

    Panlilio said Pineda’s counsel resorted what he called a “shotgun approach” by including all possible grounds for an election protest without any regard of the fact that they are absolutely without any factual basis and understandably, cannot be substantiated.

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