Pimentel III vs. Zubiri Senate Electoral Protest

The Senate Electoral Tribunal (SET) on June 19, 2008 resolved to proceed with the election protest of Aquilino Pimentel III against Senator Juan Miguel Zubiri: "Indeed, there is reasonable ground to believe that the final outcome of the case could affect the officially proclaimed results of the 12th senatorial position in the 14 May 2007 national elections, hence, the election protest case deserves further proceedings by the tribunal." [ [http://www.abs-cbnnews.com/storypage.aspx?StoryId=122283 abs-cbnnews.com, Tribunal finds basis to proceed with Koko 2007 elections protest] ]

Electoral protest

Pimentel filed the electoral protest to the SET on July 14, 2007 which covered 2,658 precincts, in the provinces of Maguindanao (1,078), Lanao del Norte (496), Shariff Kabunsuan (291), Basilan (134), Sultan Kudarat (282), Lanao del Sur (161) and Sulu (216) [ [http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20080620-143748/Senate-poll-body-sees-basis-for-Pimentel-case-vs-Zubiri Senate poll body sees basis for Pimentel case vs Zubiri - INQUIRER.net] ] . The SET is headed Associate Justice Leonardo Quisumbing with Justices Antonio T. Carpio and Renato C. Corona and Senators Edgardo J. Angara, Bong Revilla, Pia Cayetano, Francis Escudero, Panfilo Lacson, and Benigno Aquino III as members. [ [http://www.abs-cbnnews.com/storypage.aspx?StoryId=122283 abs-cbnnews.com, Tribunal finds basis to proceed with Koko 2007 elections protest] ]

Zubiri's proclamation

In the final tally for the 2007 senatorial race by the Philippine Commission on Elections (Comelec), Sen. Zubiri narrowly edged out opposition candidate Aquilino Pimentel III for the 12th and last slot in the Senate. Zubiri had a total of 11,001,730 votes against Pimentel's 10,983,358 votes. [ [http://www.tribune.net.ph/headlines/20070714hed3.html The Philippine Daily Tribune] ] The margin of some 18,372 votes was hotly contested, particularly the votes from the southern Philippine province of Maguindanao, where Pimentel had lost heavily to Zubiri.

Claiming the votes in Maguindanao were tainted, [ [http://www.abs-cbnnews.com/storypage.aspx?StoryId=82880 ABS-CBN News] ] Pimentel petitioned the Philippine Supreme Court to invalidate the votes from Maguindanao, effectively disenfranchising a whole province. The Supreme Court voted unanimously 14 -0 against Pimentel and allowed the COMELEC (Commission on Elections) to count the votes in Zubiri's favor. Pimentel then returned to the Supreme Court for the second time. This time, he petitioned them to issue a restraining order against the proclamation of Zubiri. After oral arguments however the High Tribunal again voted to uphold the COMELEC's decision to proclaim Zubiri, consequently failing to grant Pimentel's petition. [ [http://newsinfo.inquirer.net/breakingnews/nation/view_article.php?article_id=76486 Inquirer.net, SC paves way for Zubiri proclamation] ] The next day, July 14, 2007, Zubiri was duly proclaimed elected to the Philippine Senate. However, the Court's judgment did not prevent Pimentel from bringing his poll protests to the Senate Electoral Tribunal.

On March 14, 2008, the Supreme Court in a 40-page decision penned by Associate Justice Minita Chico-Nazario, dismissed Aquilino Pimentel III's petition to stop the Commission on Elections from canvassing votes from the province of Maguindanao. [ [http://www.gmanews.tv/story/84882/Zubiri-SC-decision-a-big-morale-booster www.gmanews.tv, Zubiri: SC decision a big morale booster] ] , a definite morale booster for Senator Zubiri.

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