INQUIRER.net Eleksyon 2007

Leviste to Comelec: Don’t thwart will of Batangas voters

Southern Luzon Bureau

Marlon Alexander Luistro

BATANGAS CITY, Philippines -- Batangas Board Member Mark Leviste has asked the Commission on Elections to lift its suspension order on his proclamation as vice governor.

Official Comelec results showed that Leviste won the province's vice governor race garnering 334,847 votes, followed by Edwin Ermita, 316,578; actor Christopher de Leon, 150,817; Praxedes Bustamante, 2,006; and Fortunata Magsombol, 665.

Lawyer Gloria Ramos-Petallo, chairman of the provincial board of canvassers (BOC), signed the certificate of votes canvassed.

On May 18, however, Ermita filed before the Comelec a motion to declare a failure of elections in Sto. Tomas and Taysan towns in Batangas. Commissioner Resurrecion Borra approved the petition at around 4:50 p.m. that day.

Ermita alleged that Leviste and re-electionist Gov. Armando Sanchez violated the Omnibus Election Law ranging from vote buying, burning of a public school, and use of government vehicles for the distribution and posting of Kabalikat ng Mamamayang Pilipino’s campaign materials.

In a 16-page affidavit submitted to the Comelec, a copy of which was handed to the Inquirer, Leviste said there was no reason why the elected vice governor should not be proclaimed when the winning candidates for governor, board members, municipal mayors, vice mayors and councilors have been proclaimed.

Leviste said Borra had no authority to sign the order suspending his proclamation for the Comelec en banc. "We take note that the order of May 18, 2007 is an 'en banc order.' Under Sec. 5 Rule 2 of the Comelec rules of procedure, it is Chairman Benjamin Abalos who signs interlocutory resolutions, orders or rulings," he said.

He argued that Borra, as the chairman of the Comelec's first division, had authority to sign interlocutory resolutions, orders or rulings and temporary restraining orders "in cases already assigned to the Division."

"It seems that there is no particular provision of the Comelec rules of civil procedure authorizing a presiding commissioner of a division to sign for the Comelec en banc. With all due respect, the order of suspension of proclamation is not validly issued," Leviste said in of his appeal.

Speaking before Monday's press conference, Leviste said the Comelec order was issued with apparent undue haste, noting that Borra gave credence to what he claimed to be Ermita's baseless allegations without even hearing his side.

"I won and in my humble opinion, I deserve it. The choice of the Batangueños is clear and their will should not be suppressed on the whim of a desperate, disgruntled and sourgraping candidate," he said referring to Edwin Ermita.

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