Nullification of Congress canvass possible – Aquino ally

Liberal Party (LP) stalwart in the House of Representatives warned Wednesday the joint national canvassing committee of a possible nullification by the Supreme Court of the canvass results unless the body abides by all legal provisions concerning the determination of the authenticity and due execution of the certificates of canvass (CoCs).

Batangas Rep. Hermilando Mandanas aired this concern in a letter he sent to Speaker Prospero Nograles and Senate President Juan Ponce Enrile, co-chairmen of the joint canvassing panel which convened Wednesday to prepare for the presidential and vice presidential election count.

Upon convening, the 18-man committee was briefed by officials of the Smartmatic-TIM and the Commission on Elections (Comelec) as to the controversies surrounding the first automated elections conducted in the country.

During the proceedings, Nograles and Enrile said proclamation of the winning presidential and vice presidential candidates in the May 10 elections may not be done separately.

Mandanas, partymate of winning presidential bet Sen. Benigno “Noynoy” Aquino III, said the rules on canvassing approved on Monday in a joint session of Congress “did not include all the provisions of the existing and prevailing law” related to the determination of “authenticity and due execution of CoCs”

There are three laws, namely, Republic Act Nos. 9369, 8436 and 7166, that govern the manner by which the authenticity and due execution of a CoC should be considered.

“I am of the opinion that this will be justiciable issue that will be brought to the Supreme Court by any presidential or vice presidential candidate who will lose in the canvassing,” he stressed.

The former Batangas governor said the joint session should “take the right and proper steps to be compliant to the Constitution” to avoid delays in the canvassing proceedings. He warned that there is also the possibility that the SC will nullify the results of the canvass.

However, Nograles said that he is convinced the High Court will not act on any issue that concerns the constitutional mandate of Congress to canvass the votes for presidential and vice presidential races.

Nograles, however, said he does not believe that the Supreme Court, as a co-equal branch of government, will stop the canvassing if the various legal questions are brought to it.

The House leader, who lost his mayoral bid in Davao City against Sarah Duterte, warned of the recurrence of “prejudicial questions” in the canvassing process but would not say if this could block of even delay Aquino’s proclamation.

Nograles’ son Carlo,who is set to takeover his father’s post as representative of Davao City in the 15th Congress, hinted at the possibility of “failure of automation.”

Another issue raised to Comelec was the manner by which a digital signature of the board of election inspector chairman is to be determined.

Among the questions raised was the concern of Rep. Edcel Lagman (Lakas-Kampi-CMD, Albay) that the House based the results on the electronically transmitted CoCs pursuant to the automated election law instead of the printed ones, noting that there should be no discrepancy anyway.
http://www.mb.com.ph/articles/259205/nullification-congress-canvass-possible-aquino-allyNullification of Congress canvass possible – Aquino ally