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Update on COMELEC manual reviews

May 9, 2011
from NAMFREL Election Monitor Vol.2, No.9
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After the first automated elections in May 2010, the Commission on Elections has received election protest cases filed since last year and towards the end of March this year, and has started to conduct manual reviews of the ballots from precincts that were predetermined by protesting candidates. Revision committees were formed to physically review and appreciate the ballots presented for the recount. These committees were headed by Comelec lawyers, and participated in by lawyers and watchers representing the parties concerned. Following
are some cases that Comelec has acted on and their status as of last week.


Mayoral Position, City of Manila:

Protest case was filed by Lito Atienza against incumbent mayor Alfredo Lim for “massive irregularities and errors in canvassing and counting”. (source: PDI)
Review was able to be observed by Namfrel representatives.
The review was headed by Electoral Contests Adjudication Department (ECAD) 1st Division of the Comelec.

Manual review of ballots started on March 29, 2011 and was halted on April 12, 2011. Only 195 out of the 200 identified ballot boxes were opened; the remaining five were in the possession of the HRET for another protest case.

Votes were reviewed from at least one compact flash (CF) card as the ballots were wet and
unusable when ballot box was opened. The images from the CF card were printed on legal-size
paper which were then used in the revision process.

Resumption of the review for the five remaining ballot boxes will be on May 13, 2011, in the
premises of the House of Representatives Electoral Tribunal (HRET).

No hearing has been conducted yet to present observations noted during the manual appreciation
of the ballots by the revision committees.
 
Mayoral Position, City of Davao:

Protest was filed by former Rep. Prospero Nograles against incumbent mayor Zara Duterte for alleged fraud and irregularity, including “the absence of the former’s poll watchers during the removal of compact flash cards” from the counting machines days before the election day in May last year. (philstar.com)
The revision was headed by ECAD 2nd Division.
Namfrel representatives were able to witness the last one and a half days of the review.
Manual revision started on April 11, 2011 and ended on April 15, 2011.
Votes were reviewed from at least one CF card due to absence of ballots when one ballot box was opened.
No hearing has been scheduled yet for the presentation of the findings during the review as exhibits.
 
Mayoral Position, Himamaylan City, Negros Occidental:
Protest was filed by Antonio Gatuslao against incumbent mayor Agustin Bascon.
ECAD 1st Division headed the revision proceedings.

An ECAD staff confirmed over the telephone that the manual review for this case has been done and no hearing has been set yet for the presentation of the findings noted by the revision committees.
Comelec was allowed by the Presidential Electoral Tribunal (PET) to access CF cards to resolve this case.
 
Vice-mayoral Position, San Jose City, Nueva Ecija:
Ferdinand Dysico filed the protest case against incumbent vice-mayor Jose Felimon.
ECAD 1st Division headed the review proceedings.
No other details were gathered, but per phone conversation with an ECAD staff, the review was finished and findings were gathered and will be presented in a hearing that is yet to be scheduled.
Comelec was authorized by PET to use the CF Cards to resolve the case.
 
Mayoral Position, Taguig City:
Former Supreme Court Justice Dante Tiñga filed the protest against incumbent mayor Laarni Cayetano.

Mayor Cayetano moved to have the protest stopped, but was later on junked by the SC and Comelec was ordered to conduct the revision.

Comelec Commissioner Elias Yusoph signed a decision for the 2nd Division ruling that the 373 contested ballot boxes be retrieved from Taguig City. Comelec is yet to set the date for the revision.
 
Vice-Gubernatorial Position, Cebu:
Protest was filed by Glenn Soco against late Vice-Gov. Gregorio Sanchez, who died on April 29, 2011 of lung cancer.
Protest was filed on grounds of massive fraud and immense irregularities during election period.

Despite the former vice-governor’s demise, review will proceed. If the results of the review will not affect the result of the election for the position, acting vice-governor and Provincial Board Member Agnes Magpale will be proclaimed as the new vice-governor.
Comelec is yet to set the date of the revision process.
 
Vice-Mayoral Position, San Fernando City, La Union:
Pancrasio Nisce filed the protest case against incumbent vice-mayor Hemenegildo Gualberto
PET has authorized Comelec to use CF Cards to resolve the dispute.
Case is still pending and waiting for Comelec’s further action.
 
Muntinlupa City:

For mayoral position, Jaime Fresnedi filed the protest case against Aldrin San Pedro, while for vice-mayor, Marissa Rongavilla protested against incumbent Artemio Simundac.
These cases are still waiting for further action by the Commission on Elections.
 
Mayoral Position, Angeles City, Pampanga:
Francis Nepomuceno filed the protest against incumbent mayor Edgardo Pamintuan.

Protestant was instructed by Comelec to bring the 37 ballot boxes contested from Pampanga to Comelec National Office.

The ballot boxes are already in the custody of Comelec national as of 4 May 2011. One of the lawyers of the ECAD 2nd Division said that the review has not been scheduled yet.
The review will be conducted by six to seven revision committees.
 
(Data compiled by Mr. Edward Torcuato, NAMFREL Assistant Project Coordinator)
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