Welcome to Scribd. Sign in or start your free trial to enjoy unlimited e-books, audiobooks & documents.Find out more
Download
Standard view
Full view
of .
Look up keyword
Like this
3Activity
0 of .
Results for:
No results containing your search query
P. 1
Motion for Reconsideration of SET Reso 07-105 (FINAL)

Motion for Reconsideration of SET Reso 07-105 (FINAL)

Ratings: (0)|Views: 48|Likes:
Published by Political Jaywalker

More info:

Published by: Political Jaywalker on Jul 22, 2010
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as DOC, PDF, TXT or read online from Scribd
See more
See less

10/25/2012

pdf

text

original

 
Republic of the PhilippinesSENATE ELECTORAL TRIBUNALQuezon CityAQUILINO L. PIMENTEL III,Protestant/Counter-Protestee,- versus -SET CASE NO. 001 07JUAN MIGUEL F. ZUBIRI,Protestee/Counter-Protestant.x - - - - - - - - - - - - - - - - - - - - - - x
MOTION FOR RECONSIDERATIONOF SET RESOLUTION NO. 07-105
COMES NOW Protestant / Counter-Protestee Pimentel (“Pimentel”), byhimself, unto this Honorable Tribunal most respectfully MOVES FOR THERECONSIDERATION of SET Resolution No. 07-105 dated June 4, 2010 (a copy of which was received on June 21, 2010), which contains the following findings, to wit:“Significantly, both Pimentel and Zubiri admitted that ballots of dubious integrity were discovered in the course of the revision proceedings in the pilot precincts of Quezon City, Manila, Batangas,and Bulacan. The Tribunal’s own examination and appreciation of the ballots resulted in a finding that more than 50% of the ballotsspecifically cited in the revision reports were indeed spurious.Accordingly, the presence of said bogus ballots must be considered asstrong indicator that the elections in said areas was marred byirregularities.xxx“It reasonably appears from the results of the initial revision andappreciation of the ballots and election documents in the pilot counter- protested precincts that Zubiri has a
 prima facie
valid cause to pursuehis counter-protest. Also, it was reasonably shown that the officially proclaimed results for the twelfth (12
th
) senatorial position in the May14, 2007 (sic) would be affected by the disclosed anomaly. It istherefore warranted that proceedings in the remaining 75% of thecounter-protested precincts be further conducted.”
Page
1
of 
32
 
 based on the following grounds:(1)The findings of this Honorable Tribunal stated in SET Resolution No.07-105 are, with all due respect,
BASELESS AND NOT SUPPORTED BYTHE EVIDENCE ON RECORD;
(2)The sole ground, the “standard” used by this Honorable Tribunal to justify the continuation of the Zubiri Counter-Protest, which is the mere“presence of bogus ballots” in Quezon City, Manila, Batangas, and Bulacan,
ISEXTRAORDINARILY LENIENT AND FAVORABLE TO PROTESTEE/ COUNTER-PROTESTANT ZUBIRI
(“Zubiri”),
IS AGAINST THE SETRULES, IS AGAINST EXISTING JURISPRUDENCE, AND ISTANTAMOUNT TO GRAVE ABUSE OF DISCRETION
amounting tolack or excess of jurisdiction because this Honorable Tribunal did not evenconcern itself with [1] how many were these “bogus ballots” and [2] whenwere these “bogus ballots” introduced into the electoral system;(3)This Honorable Tribunal
GRAVELY ABUSED ITS DISCRETION
amounting to lack or excess of jurisdiction in ruling that“It reasonably appears from the results of the initial revision andappreciation of the ballots and election documents in the pilot counter- protested precincts that Zubiri has a prima facie valid cause to pursuehis counter-protest. Also, it was reasonably shown that the officially proclaimed results for the twelfth (12th) senatorial position in the May14, 2007 (sic) would be affected by the disclosed anomaly.”without discussing its findings and disclosing to the parties any of the figures itused in coming up with this kind of a conclusion; and(4)There is
DENIAL OF DUE PROCESS
as three Senators who voted infavor of SET Resolution No. 07-105, namely, Senators Angara, Legarda, andLapid, each lacked the cold neutrality of an impartial judge, which is arequirement of due process, having previously entered into an
alliance
withZubiri, where their political plans were inextricably linked to the continuedmembership of Zubiri in the Senate, as discussed in Pimentel’s Manifestation
Page
2
of 
32
 
with Motion for Disqualification of Senators Angara, Legarda, and Lapid datedJune 24, 2010.
DISCUSSION(1)THE FINDINGS OF THISHONORABLE TRIBUNAL STATEDIN SET RESOLUTION NO. 07-105ARE, WITH ALL DUE RESPECT,BASELESS AND NOT SUPPORTEDBY THE EVIDENCE ON RECORD;
1.Because of the sheer size of the Zubiri Counter-Protest, with 73,265counter-protested precincts and 18,316 in pilot precincts alone, there is a need to putthings in proper perspective.2.First, the Counter-Protest is Zubiri’s Protest. In other words,
Zubiri isthe Protestant in this stage of the proceedings
. Second, the burden of proving theallegations in the Counter-Protest is with Zubiri. Third, the burden of complying withthe other requirements laid down by jurisprudence is also with Zubiri at this stage of the proceedings.3.Indeed, there were spurious ballots encountered during the revision proceedings in the Zubiri Counter-Protest but, contrary to the clever use and positioning of the word “significantly” in the challenged Resolution, to wit:
Significantly
, both Pimentel and Zubiri admitted that ballots of dubious integrity were discovered in the course of the revision proceedings in the pilot precincts of Quezon City, Manila, Batangas,and Bulacan” (emphasis supplied; page 7 of Resolution No. 07-105)it is precisely Pimentel’s most humble submission that the discovery of spurious ballots during the revision proceedings in the Zubiri Counter-Protest is
INSIGNIFICANT
, considering that:(1)These spurious ballots were so few in number (only 17,481 ballotsaccording to footnote 1 of the Dissenting Opinion of Justice Carpio)relative to the great number of ballots revised (counted official ballots),
Page
3
of 
32

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->