Kapihan sa Senado Excerpts
Guests: Sen. Aquilino Pimentel and Atty. Howard Calleja (PPCRV)
July 12, 2007
On the action/reaction of PPCRV after filing all the related-complaints, violation and election irregularities before the Comelec:
Atty. Calleja: … as far as the PPCRV is concerned, we are not here to say that in the scale of 1-10, ganito ang performance ng Comelec, ganito ang performance ng election, but we leave it up to the people. What we are saying is what defines the election is not whether the opposition, or whether or not the administration, or whether or not Koko or Migz would win. What would define the election is the process. What the PPCRV is concerned is that the defining moment is that the process of the elections, is kung papano po nangyari yung proseso. As far as we are concerned, we are glad that the comelec conducted the elections. It was successful in holding the election. Now, whether or not it was clean, honest, accurate, meaningful and peaceful, we leave that up to the Filipino to decide. What we are saying is that there are a lot of election irregularities that we have seen. There are a lot of violations that we have seen. And after this 2007 election, we would like now focus to electoral reforms towards 2010, and that the incoming vacancy, there is one vacancy in the comelec, and incoming vacancy by next year, I think it would be four vacancies that hopefully the ones to be placed in the position, would be people of competence, intelligence, honesty and credibility. So, dun po muna po ang PPCRV, at saka we have also made a call to hopefully respect the decision of the supreme court. At yun na nga ang ginawa ng comelec, at kami po ay masaya n asana nga sabi naming bago magkaroon ng decision dito sa 2007 elections, magkaroon muna ng tuldok dito sa Maguindanao issue. Kasi yun na lang ang question natin. So, I think sa magiging discussion sa korte suprema bukas, sana tingnan natin kung ito’y matuldukan kung ano ang magiging decision doon. So yung development na yun, kami po ay masaya at siguro that would thresh out a lot of issues by tomorrow.
On the position of PPCRV when complaints and reports not acted upon by the Comelec:
Atty. Calleja: …we have made a decision a long time ago that we would not file any protests. Because once we file a protest, we would take out our non-partisanship because we might be favoring one party or one individual or one candidate from the other. That’s why, what we are concerned as I said is the process of the elections. And as far as we are concerned, maybe what we can do, for example if there are election violations, or election offenses. What we have given recommendation for example, yung ke bidol we have already given our recommendation for the charges to be filed by the comelec for his election violation.
On expected outcome of the oral argument that will be held in Supreme Court tomorrow, and fatherly and legal advises given to Koko Pimentel:
Sen. Pimentel: na banatan na pati yung referee. Hindi pupwede na pasikut-sikot na usapin, para bagang hindi kasali ang comelec. Kasali ang comelec dito sa mga anomalya sa maguindanao. Hindi mangyari yung anomalya sa mindanao without the complicity of the comelec. And so when the talk about disenfranchisement of the vote, the answer to that is disenfranchising the vote would be, you might say unfair if the votes were really validly counted and cast. The truth of the matter is that, there are many circumstances which appear to be isolated. But when put together, would constitute a web of circumstantial evidence to demonstrate irrefutable proof of wrongdoing and anomalies in Mindanao...
On the contribution of automation to electoral reforms:
Atty. Calleja: unang-una, dun sa proseso ng computerization, hindi po kami naniniwala na ito po yung cure-all sa lahat ng problema ng ating eleksyon. Although, it would be a major step towards the right direction. Maganda po na maging proseso po ng computerization, pero, sabi ko nga, kasama sa ating pag-move forward mula sa 2007 to 2010, is in addition to computerization, dapat yung electoral reforms natin. kasama na dito sa electoral reforms na sinasabi natin yung mga election spending, yung pagbigay sa mas mabigat na parusa o pangil sa election law violations...in addition to the automation, electoral reform is important…
On seeing the electoral battle between Migs and Koko reaching the Senate Electoral Tribune:
Sen. Pimentel: that really depends on the party who might not be proclaimed by the comelec. That’s an option that is left. But having gone through that route myself, and for so many of people who had been unjustly victimized by the anomalous electoral processes followed by the comelec, usually, they would wind up, if they are proclaimed at all, a day or two before the adjournment, the final adjournment to the term of office to which they had been elected. ..in most of the cases the resolution does not even come at all until …by circumstances beyond the control of the parties in interest. Incidentally, the battle is not bitter between migz and koko. It is only exciting.
On the unimportance of the immediacy of proclamation of the 12th winning senatorial candidate:
Atty. Calleja:...it is not who wins, whether migz of Koko. It doesn’t really matter. What we are concerned or what defines PPCRV is the process of the election. As we see the senate can function with or without the proclamation of the 12th senator, at this point, that would lead the senate with 22 members. One being vacated sen. Lim. So that would not in any way limit the actions of the senate. What we are concerned is a truthful election, and a truthful result comes out. We are not here for a quick count or a quick resolution. But an accurate resolution. Meaning , as you said a while ago, even if it would be proclaimed during the interim of the present congress, then that would not matter. What would matter is that the true will of the Filipino people comes out.
Sen. Pimentel:.. I support the PPCRV stand, regardless of my relationship to my son, what is important here is that the true expression of the will of the people is respected. Di pupwede na you twist the will of the people and favor one who should not sit, over one who should be there legitimately. So I support the ppcrv stand on this regard, because that is what free elections are all about in a democracy.
On the status of jockeying for senate presidency:
Sen. Pimentel:.. there is no change in the developments, as of now. Apparently manny villar has successfully enticed 2 GO senators, namely chiz escudero and alan cayetano. And if his alliance with the incumbent administration senators holds true, then he has the majority. And judging the statement of my colleagues from the opposition, we are going to stick it out as an opposition. Not only to the senate administration but to the government administration as well. Where we will continually bring the issues of corruption, extrajudicial killings and the rule of law before the bar of public opinion.
On the prospects of both the senate majority and minority coming from the opposition:
Sen. Pimentel:…I don’t know about the senate leadership whether they will stick it out with the opposition. I really don’t know ..(the fact that the Senate President ran under the GO??) ..but you know very well that changes take place from day to day in this set up. You wake up one morning, you are no longer with the opposition but with somebody else. So, that depends on what manny villar will do. Really. In all honesty. (and you will be the minority leader??) that’s what my block want me to consider to continue acting as the minority leader. (how many numbers do you have on your side??) as of today, the count is roughly 8 opposition block members…many things can happen, between now and the opening of the session. So, only the morning of july 23, will deliver the final message to our people , on how the leadership of the senate will shape up.
On the implementation of the Human Security Act:
Sen. Pimentel:..i think that it is folly on the part of the government to insist on implementing the anti-terror bill two months after the last elections. That’s what the law provides. The affectivity of the anti-terror bill two months after the elections, is conditioned on the happening of many things. One, publication in the print media of the entire bill, entire law, not only in the three major national newspapers, or newspapers of national circulation, but also in newspapers of regional circulation, using the dominant language of the communities concerned. Meaning to say, kung sa cebu yun, publication should be in cebuano. Kung sa Iloilo, hiligaynon. Kung sa waray, waray din. Etc. and so on, down south. As well, as up north in the ilocos region. Now, marami pang kailangan therefore, bago, maimplement yung batas na iyun. Secondly, there is also a requirement of the broadcasting the principal points of the law over national television and national radio stations as well as over local radio stations again using the vernacular, the common language of the community. The idea is to ensure that every aspect of the law is fully understood by our citizens. Then thirdly, there is another requirement. The actuations of the anti-terrorism council as well as the law enforcement agencies are subject to review by the appropriate division of the court of appeals designated by the supreme court to be the anti-terrorism courts supervising each implementation. And that division of courts of appeals has not yet been designated by the supreme court to my knowledge. These are the three possible roadblocks to the implementation of the law by july 15….and there is no need for an IRR. The IRR is not a requirement of the law. A law without IRR does not make the law invalid…
On moves to amend the HSA in the opening of 14th congress:
Sen. Pimentel:..i am not aware of that. But there are criticisms coming especially from NGOs, and the threatened sectors of the society, and this should be welcome. I don’t even mind if the law is totally scrapped. Who cares about this law. The thing is that the acts which are prescribed in the human security act are already punished in the revised penal code. So it is not true to say na kung wala yung human security act, hindi mapunish yung mga terorista natin.
(end)
Wednesday, July 18, 2007
Kapihan sa Senado EXCERPTS
May 31, 2007
Guest Speaker: Atty. Adel Tamano, GO Spokesperson
On Mike’s decision to concede:
Atty. Tamano: My hat’s off to you. What you did was a classy thing. It shows that you have love for country, and that you want to protect the electoral process. Congratulations Mike. Although you may not have risen in height, at least in my eyes, tumaas ka. In stature at least, tumaas ka.
On Migz Zubiri:
Atty. Tamano: …I heard it from some media saying, if he gets in, that just by his getting into the Magic 12, the opposition would cry foul, and claim that he cheated personally. I wanted to tell Migz, face to face, from what I have heard about him, I heard that he is a gentleman, and from what we have seen, he has ran a clean campaign, so the best of luck to him. We still of course prefer that our candidates be in the magic 12, but if there was anyone, on a personal note, if there was anyone from Team Unity that I would prefer to make it into the magic 12, it would be migz.
On the “faceless” witnesses of GO against alleged massive fraud campaign especially in Mindanao:
Atty. Tamano: First, hindi sila faceless. The reason why we cannot show their faces, is because they fear for their lives. Some of the reporters were here when we presented our witnesses yesterday, these are board of election inspectors from maguindanao who saw the cheating first hand, and these reporters who are here, they can really testify. I think you saw the same thing that I saw, that they were shaking. Natatakot talaga sila for their lives. and yet in spite of their fears, inspite of the fact that they knew that they were putting their lives in danger. They have stepped forward to tell the truth about cheating. We from the opposition we have not offered them anything in terms of money or promises, or even protection, as a matter of fact. I think it demeans them when we call them faceless witnesses, because in fact they are very brave. And we did try yesterday to present them to the comelec. Ang problema lang, hindi pa pumapayag yung comelec. We want to present them in what is known as in an executive session. Which means, wala pong media, wala pong ibang outside parties. We wanted to do that , so we can protect their identities. But, hindi pa po pumapayag yung comelec. But we are still hopeful. The reason we want to present them to the comelec themselves, is for them to see from the testimony and the words itself of these witnesses, what happened in maguindanao and the cheating that happened there. And to really prove, we are rising to the challenge of the comelec that we are presenting our evidence on cheating. Hindi lang po lahat puro political hot air , so to speak.
On Koko Pimentel’s filing of charges before the comelec:
Atty. Tamano: …ang lead counsel namin is atty. Boy brillantes, but we are all helping atty. Pimentel. I cannot say, in all frankness, I cannot say that all of the legal moves of atty. Pimentel are sanctioned by atty. Brillantes. That is something for boy brillantes to decide. But what I can tell you as a matter of fact, is hindi lang po si atty. Brillantes, even the lawyers of sen. Ping, the lawyers of sen. Loren, all the go lawyers are helping atty. Pimentel with his case. These witnesses actually, lumapit sila ke sen. Ping, and inspite of the fact that they are actually, we can say that they are witnesses for sen. Ping, and whatever petitions that he will file, the affidavits that they executed, as far as I know, will also form part of the petitions that atty. Pimentel will file. Now, I just want to take note that electoral sabotage, that is a new offense under Republic Act 9369, and this is punishable by life imprisonment. This is a non-bailable offense.
On early, partial proclamation of senators:
Atty. Tamano:…we’ve been pushing for partial proclamation. We feel that if you have a partial proclamation, that will diffuse a lot of the tension. And on our side, the genuine opposition, and also I guess the team unity, can focus in protecting the vote of the last who will come in. now, team unity keep on saying that there are about 5 million votes pa to be counted. Actually that’s bit inaccurate, because hindi naman 100 percent turn out eh. Kung mga 70 percent o 60 percent turnout, we’re just talking here about of 2-3 million votes. And I think that with that as a backgrounder, we can already have a partial proclamation of those candidates that are sure winners.
On other candidates from either GO or TU to follow the act of Mike Defensor in conceding:
Atty. Tamano: …I actually advised not just the losing GO but also the losing TU candidates. For example, Sec. Defensor was no. 15 for the last count, maybe those lower than him, such as pichay and the others, it would really be a classy thing, a gentlemanly thing or gentlewomanly thing to concede. Kasi po, what we really want, and tama yung punto ni mike na on the ground, there may be some supporters, who will do, and these are his words. His supporters might do acts that are inimical to democracy and against, paraphrase ko na to, against proper or correct electoral process. So minsan kasi, hindi na yung mga kandidato ang nandadaya, but rather those who support him, or those who are allied with him. And so para madiffuse to, and to fight against cheating. Those who really do not have a statistical chance whether GO or team unity, they really should do the gentlemanly thing and concede. I think it would be an act of statesmanship, and I think all of us would really say, even as they admit that they have lost the race, we would all take off our hats and say, ang galing nyo.
On Sonny Trillanes’ petition for bail in order to perform his duties as a senator:
Atty. Tamano: I’ve talked with his people, and some of his lawyers, they have already filed a petition for bail. As a lawyer myself, I feel that the petition should be granted, because one of the basis for not granting bail or the real reason why you do not grant bail is because of the flight risk, na isang akusado might run away. But you know, if you are a senator of the republic, it is one, why would you run away. No. 2, san ka tatago? With the media following you and with your supporters, all over the country. It would really be difficult to hide. So I think as a legal matter, there really is a basis to grant bail to trillanes. On another point…there is a historical precedence, where senators are placed in the custody of the senate president. So , manny villar can take legal custody of sen. Trillanes, and thus he will be able to perform his duties as a senator of the republic.
On the effect of the Lanao vote:
Atty. Tamano:…yung lanao vote, the last couple of municipalities and towns, that’s about a hundred thousand plus votes . and yes it will affect the, maybe, 10th to 12th. but lanao del sur, my own expectation, cause I was there a couple of weeks before the elections. I went around. I am a maranao and I am from there and I campaigned for our candidates there, I think we will be quite surprise, we are gonna see a lot of genuine opposition candidates in the magic 12, as a lot of people were surprised in marawi city when they were doing the canvass . it was 7, 7 genuine opposition candidates who got in…
On the call of Sen. Lacson for Com. Sarmiento’s resignation:
Atty. Tamano:… the consensus from the candidates, that I was talking to, they join sen. lacson’s call for comm.. sarmiento to resign, Because of what happened in lanao del sur, in regard to the custody of the ERs. my own interpretation of the custody of the ers, I really feel that, this is contrary to the position taken by the comelec, I really feel that there was a violation of the change of custody of the ers, and I really feel that there was a violation there. in the legal community, comm. Sarmiento really does a have a good reputation, not just as a competent lawyer, but also as a good person...that person for me, and a minority in the opposition, that is our..yun ang conflict. On the one hand, there seems to be a technical violation, yet on the other hand, sayang din si sarmiento, dahil he is such a decent guy. So, me personally, I am conflicted and there are some people in the opposition who still feel that he can still adequately do his job. But I will admit, that there is a group that supports the call of sen. Lacson for comm. Sarmiento to resign. And I think there really is a basis.
(end)
May 31, 2007
Guest Speaker: Atty. Adel Tamano, GO Spokesperson
On Mike’s decision to concede:
Atty. Tamano: My hat’s off to you. What you did was a classy thing. It shows that you have love for country, and that you want to protect the electoral process. Congratulations Mike. Although you may not have risen in height, at least in my eyes, tumaas ka. In stature at least, tumaas ka.
On Migz Zubiri:
Atty. Tamano: …I heard it from some media saying, if he gets in, that just by his getting into the Magic 12, the opposition would cry foul, and claim that he cheated personally. I wanted to tell Migz, face to face, from what I have heard about him, I heard that he is a gentleman, and from what we have seen, he has ran a clean campaign, so the best of luck to him. We still of course prefer that our candidates be in the magic 12, but if there was anyone, on a personal note, if there was anyone from Team Unity that I would prefer to make it into the magic 12, it would be migz.
On the “faceless” witnesses of GO against alleged massive fraud campaign especially in Mindanao:
Atty. Tamano: First, hindi sila faceless. The reason why we cannot show their faces, is because they fear for their lives. Some of the reporters were here when we presented our witnesses yesterday, these are board of election inspectors from maguindanao who saw the cheating first hand, and these reporters who are here, they can really testify. I think you saw the same thing that I saw, that they were shaking. Natatakot talaga sila for their lives. and yet in spite of their fears, inspite of the fact that they knew that they were putting their lives in danger. They have stepped forward to tell the truth about cheating. We from the opposition we have not offered them anything in terms of money or promises, or even protection, as a matter of fact. I think it demeans them when we call them faceless witnesses, because in fact they are very brave. And we did try yesterday to present them to the comelec. Ang problema lang, hindi pa pumapayag yung comelec. We want to present them in what is known as in an executive session. Which means, wala pong media, wala pong ibang outside parties. We wanted to do that , so we can protect their identities. But, hindi pa po pumapayag yung comelec. But we are still hopeful. The reason we want to present them to the comelec themselves, is for them to see from the testimony and the words itself of these witnesses, what happened in maguindanao and the cheating that happened there. And to really prove, we are rising to the challenge of the comelec that we are presenting our evidence on cheating. Hindi lang po lahat puro political hot air , so to speak.
On Koko Pimentel’s filing of charges before the comelec:
Atty. Tamano: …ang lead counsel namin is atty. Boy brillantes, but we are all helping atty. Pimentel. I cannot say, in all frankness, I cannot say that all of the legal moves of atty. Pimentel are sanctioned by atty. Brillantes. That is something for boy brillantes to decide. But what I can tell you as a matter of fact, is hindi lang po si atty. Brillantes, even the lawyers of sen. Ping, the lawyers of sen. Loren, all the go lawyers are helping atty. Pimentel with his case. These witnesses actually, lumapit sila ke sen. Ping, and inspite of the fact that they are actually, we can say that they are witnesses for sen. Ping, and whatever petitions that he will file, the affidavits that they executed, as far as I know, will also form part of the petitions that atty. Pimentel will file. Now, I just want to take note that electoral sabotage, that is a new offense under Republic Act 9369, and this is punishable by life imprisonment. This is a non-bailable offense.
On early, partial proclamation of senators:
Atty. Tamano:…we’ve been pushing for partial proclamation. We feel that if you have a partial proclamation, that will diffuse a lot of the tension. And on our side, the genuine opposition, and also I guess the team unity, can focus in protecting the vote of the last who will come in. now, team unity keep on saying that there are about 5 million votes pa to be counted. Actually that’s bit inaccurate, because hindi naman 100 percent turn out eh. Kung mga 70 percent o 60 percent turnout, we’re just talking here about of 2-3 million votes. And I think that with that as a backgrounder, we can already have a partial proclamation of those candidates that are sure winners.
On other candidates from either GO or TU to follow the act of Mike Defensor in conceding:
Atty. Tamano: …I actually advised not just the losing GO but also the losing TU candidates. For example, Sec. Defensor was no. 15 for the last count, maybe those lower than him, such as pichay and the others, it would really be a classy thing, a gentlemanly thing or gentlewomanly thing to concede. Kasi po, what we really want, and tama yung punto ni mike na on the ground, there may be some supporters, who will do, and these are his words. His supporters might do acts that are inimical to democracy and against, paraphrase ko na to, against proper or correct electoral process. So minsan kasi, hindi na yung mga kandidato ang nandadaya, but rather those who support him, or those who are allied with him. And so para madiffuse to, and to fight against cheating. Those who really do not have a statistical chance whether GO or team unity, they really should do the gentlemanly thing and concede. I think it would be an act of statesmanship, and I think all of us would really say, even as they admit that they have lost the race, we would all take off our hats and say, ang galing nyo.
On Sonny Trillanes’ petition for bail in order to perform his duties as a senator:
Atty. Tamano: I’ve talked with his people, and some of his lawyers, they have already filed a petition for bail. As a lawyer myself, I feel that the petition should be granted, because one of the basis for not granting bail or the real reason why you do not grant bail is because of the flight risk, na isang akusado might run away. But you know, if you are a senator of the republic, it is one, why would you run away. No. 2, san ka tatago? With the media following you and with your supporters, all over the country. It would really be difficult to hide. So I think as a legal matter, there really is a basis to grant bail to trillanes. On another point…there is a historical precedence, where senators are placed in the custody of the senate president. So , manny villar can take legal custody of sen. Trillanes, and thus he will be able to perform his duties as a senator of the republic.
On the effect of the Lanao vote:
Atty. Tamano:…yung lanao vote, the last couple of municipalities and towns, that’s about a hundred thousand plus votes . and yes it will affect the, maybe, 10th to 12th. but lanao del sur, my own expectation, cause I was there a couple of weeks before the elections. I went around. I am a maranao and I am from there and I campaigned for our candidates there, I think we will be quite surprise, we are gonna see a lot of genuine opposition candidates in the magic 12, as a lot of people were surprised in marawi city when they were doing the canvass . it was 7, 7 genuine opposition candidates who got in…
On the call of Sen. Lacson for Com. Sarmiento’s resignation:
Atty. Tamano:… the consensus from the candidates, that I was talking to, they join sen. lacson’s call for comm.. sarmiento to resign, Because of what happened in lanao del sur, in regard to the custody of the ERs. my own interpretation of the custody of the ers, I really feel that, this is contrary to the position taken by the comelec, I really feel that there was a violation of the change of custody of the ers, and I really feel that there was a violation there. in the legal community, comm. Sarmiento really does a have a good reputation, not just as a competent lawyer, but also as a good person...that person for me, and a minority in the opposition, that is our..yun ang conflict. On the one hand, there seems to be a technical violation, yet on the other hand, sayang din si sarmiento, dahil he is such a decent guy. So, me personally, I am conflicted and there are some people in the opposition who still feel that he can still adequately do his job. But I will admit, that there is a group that supports the call of sen. Lacson for comm. Sarmiento to resign. And I think there really is a basis.
(end)
Kapihan sa Senado
May 24, 2007
first part Guest Speakers:
Mr. Damaso* Magbual, Namfrel Dep. SecGen
Atty. Howard Calleja, PPCRv Legal Counsel
**Excerpts from around 11:00 – 11:45 am only
***photocopies of statement of facts re May 14 elections were distributed by mr. magbual
On the cause of delay in NAMFREL counting:
Mr. Magbual: there are two reasons. One, you are counting, with Namfrel, what you call election returns. You have 224,000 of them. In the case of the comelec, you count what you call certificate of canvass. So you have 200 pieces of that. So 224,000 as against 200 pieces. Mr. Go. Admitted on day two, so I should be in liberty to say it, Mr. Chairman, Mr. Go admitted that our reason for the delay was, there was a problem with the system that was being used in La Salle….the idea of the new system, incidentally I was part of the conceptualizing, at least, we gave that to the IMI, this is an Ayala company in Laguna, and they were supposed to do it. They did it. When there was this new group. They made changes, and that was the start of the problem. The system was supposed to be this. From the municipality, it is encoded in computers, sent by emails, it goes to the server at La Salle. So there should be no more encoding in La Salle. So with 90 per cent that were supposed to make electronic transmission, the quick count should had really been a quick count, maybe, could have been finished in less than a week. Because there were only, ten percent of the provinces were not, what they called, connected, like kalinga, apayao, siquijor, these were the ones that were supposed to use …so something went wrong in the system, they had to send it by fax, they had to make adjustments for those who were making electronic transmission, so you have what, two-three days wasted.
On the continuation of the “slow” counting:
Mr. Magbual: The slow count will continue for as long as there are election returns to be tabulated, to be counted…namfrel will count all the returns that it retrieved. provided, one, that you can read them. provided two, there are no material defects in the returns. The reason why namfrel never succeed in counting 100 percent, incidentally, there is not any election wherein the comelec counted 100 percent….three reasons why namfrel cannot make a complete count. One, there are returns we cannot read because we get the 6th copy. It’s blank, simple. About 70 percent of returns are like that. There are returns that have material defects. Let me cite you what I mean material defects. If you look at the data and the voters, it says there, voters who voted, 140. ballots in the ballot box, 187. how can you have 187 ballots inside the ballot box when only 140 people voted. So you have a classic case of ballot stamping already. So we set it aside. You do not count it because the return has no integrity. Or let me go to Maguindanao. Supposing the comelec will now give us the Maguindanao election returns. Do you think we should count it. No we should not. Because we were not a witness to the counting. And how can you therefore certify to the integrity of the count. So we will not count that. So, one, some are not readable. Two, some have material defects. Three, we failed to collect the sixth copy. And as many as three percent count on that.
On areas where Namfrel did not get its copy:
Mr. Magbual: In Maguindanao we did not receive a single copy. We were banned from entering. We did not go the precincts in maguindanao because the counting in maguindanao, because of peace and order condition supposed to be, under the comelec law, under the election law, the comelec may designate what you call a counting place where it means will guarantee the safety of everybody. So the counting was designated at the capitolyo. So when our volunteers go there, so that one, they can witness the count, two they can get the copies of the election return, we were not allowed inside. So we did not receive a single copy.
On the claim of the police that the 2007 has been the cleanest and most honest election:
Mr. Magbual: the police say it is relatively peaceful because the number of casualties had gone down. So they look at it as statistics. Mere statistics. I think that when we say that the last elections was peaceful simply because the number of casualties we have is lower than the previous election, I think we are lowering our benchmark or parameters in assessing what makes up a peaceful election. 150 casualties who died, and you call that peaceful, I cannot agree with that. We have not suffered any casualty with namfrel for the past few elections. This time, we had a casualty, and he’s still at the hospital. In abra, one of our volunteers, accompanied the BEI from the treasurer’s office to the precinct with the ballot box, the election paraphernalia, and they were sprayed with bullets. He was hit at the head, and he is still recovering at the hospital.
On segregating the Maguindanao COC’s pending investigation by newly-created Maguindanao Task Force, instead of declaring a failure of election in the said area:
Atty. Calleja: …we are asking that the COC of Maguindanao, which is already in the PICC at comelec hands, to be segregated first prior to be counted. And then after the investigation, then we make a decision, whether or not such should be counted, if it would warrant a failure of election, if it would warrant a segregation of the votes, then that would be depending on the outcome of the investigation. We cannot say for now yet what would happen. With regards to the task force, I would repeat the call of the ppcrv that we include in the task force the watchdogs, meaning the ppcrv and the namfrel, to be an active participant in the task force, and not only mere invited to be asked of what happened. But actually, to be given the opportunity to join the committee or this task force to ask questions with the teachers or with whoever would be invited. And also yung mga senate reporters, sana dito sa executive committee, Yung kapag nag-executive committee, walang pangalan, walang affidavit. Walang lahat basta gusto lang malaman ang katotohanan. Yan din sana ang minumungkahi namin sa comelec. Kasi mahirap naman na tanungin yung mga tao, at hingin ng affidavit…..so we are saying, we are hoping that in this task force, instead of pressuring us to bring out our witness, or to give an affidavit, we would present such witnesses and additional witnesses, other witnesses, in a sort of executive session Where there is secrecy, or their identity would remain safe and secure as far as they are concerned.
On the roles of PPCRV, NAMFREL, et al as watchdog elections, and their claim of absence in Maguindanao:
Atty. Calleja:…what we are saying is that we are the watchdogs to help the comelec. We are not here to discredit the elections, nor to discredit the institution. What we are saying is that by the mere fact that we were not allowed to be present to see if the elections were transparent, the process of this election, in those specified provinces, or municipalities, to our mind, is lacking the necessary electoral procedure that was supposed to happen in this election. And that being the case, if this is not in the procedure, so we are saying, there might be some lapse that maybe might warrant an investigation and if so might warrant a failure of elections, depending on the investigation. (so the absence of the watchdog) is what the investigation would determine. Because we cannot jump to the conclusion that we are not there, it is fraudulent. But what we are saying, if we were not there, we would like to come in to see whether or not there was indeed, elections.
May 24, 2007
first part Guest Speakers:
Mr. Damaso* Magbual, Namfrel Dep. SecGen
Atty. Howard Calleja, PPCRv Legal Counsel
**Excerpts from around 11:00 – 11:45 am only
***photocopies of statement of facts re May 14 elections were distributed by mr. magbual
On the cause of delay in NAMFREL counting:
Mr. Magbual: there are two reasons. One, you are counting, with Namfrel, what you call election returns. You have 224,000 of them. In the case of the comelec, you count what you call certificate of canvass. So you have 200 pieces of that. So 224,000 as against 200 pieces. Mr. Go. Admitted on day two, so I should be in liberty to say it, Mr. Chairman, Mr. Go admitted that our reason for the delay was, there was a problem with the system that was being used in La Salle….the idea of the new system, incidentally I was part of the conceptualizing, at least, we gave that to the IMI, this is an Ayala company in Laguna, and they were supposed to do it. They did it. When there was this new group. They made changes, and that was the start of the problem. The system was supposed to be this. From the municipality, it is encoded in computers, sent by emails, it goes to the server at La Salle. So there should be no more encoding in La Salle. So with 90 per cent that were supposed to make electronic transmission, the quick count should had really been a quick count, maybe, could have been finished in less than a week. Because there were only, ten percent of the provinces were not, what they called, connected, like kalinga, apayao, siquijor, these were the ones that were supposed to use …so something went wrong in the system, they had to send it by fax, they had to make adjustments for those who were making electronic transmission, so you have what, two-three days wasted.
On the continuation of the “slow” counting:
Mr. Magbual: The slow count will continue for as long as there are election returns to be tabulated, to be counted…namfrel will count all the returns that it retrieved. provided, one, that you can read them. provided two, there are no material defects in the returns. The reason why namfrel never succeed in counting 100 percent, incidentally, there is not any election wherein the comelec counted 100 percent….three reasons why namfrel cannot make a complete count. One, there are returns we cannot read because we get the 6th copy. It’s blank, simple. About 70 percent of returns are like that. There are returns that have material defects. Let me cite you what I mean material defects. If you look at the data and the voters, it says there, voters who voted, 140. ballots in the ballot box, 187. how can you have 187 ballots inside the ballot box when only 140 people voted. So you have a classic case of ballot stamping already. So we set it aside. You do not count it because the return has no integrity. Or let me go to Maguindanao. Supposing the comelec will now give us the Maguindanao election returns. Do you think we should count it. No we should not. Because we were not a witness to the counting. And how can you therefore certify to the integrity of the count. So we will not count that. So, one, some are not readable. Two, some have material defects. Three, we failed to collect the sixth copy. And as many as three percent count on that.
On areas where Namfrel did not get its copy:
Mr. Magbual: In Maguindanao we did not receive a single copy. We were banned from entering. We did not go the precincts in maguindanao because the counting in maguindanao, because of peace and order condition supposed to be, under the comelec law, under the election law, the comelec may designate what you call a counting place where it means will guarantee the safety of everybody. So the counting was designated at the capitolyo. So when our volunteers go there, so that one, they can witness the count, two they can get the copies of the election return, we were not allowed inside. So we did not receive a single copy.
On the claim of the police that the 2007 has been the cleanest and most honest election:
Mr. Magbual: the police say it is relatively peaceful because the number of casualties had gone down. So they look at it as statistics. Mere statistics. I think that when we say that the last elections was peaceful simply because the number of casualties we have is lower than the previous election, I think we are lowering our benchmark or parameters in assessing what makes up a peaceful election. 150 casualties who died, and you call that peaceful, I cannot agree with that. We have not suffered any casualty with namfrel for the past few elections. This time, we had a casualty, and he’s still at the hospital. In abra, one of our volunteers, accompanied the BEI from the treasurer’s office to the precinct with the ballot box, the election paraphernalia, and they were sprayed with bullets. He was hit at the head, and he is still recovering at the hospital.
On segregating the Maguindanao COC’s pending investigation by newly-created Maguindanao Task Force, instead of declaring a failure of election in the said area:
Atty. Calleja: …we are asking that the COC of Maguindanao, which is already in the PICC at comelec hands, to be segregated first prior to be counted. And then after the investigation, then we make a decision, whether or not such should be counted, if it would warrant a failure of election, if it would warrant a segregation of the votes, then that would be depending on the outcome of the investigation. We cannot say for now yet what would happen. With regards to the task force, I would repeat the call of the ppcrv that we include in the task force the watchdogs, meaning the ppcrv and the namfrel, to be an active participant in the task force, and not only mere invited to be asked of what happened. But actually, to be given the opportunity to join the committee or this task force to ask questions with the teachers or with whoever would be invited. And also yung mga senate reporters, sana dito sa executive committee, Yung kapag nag-executive committee, walang pangalan, walang affidavit. Walang lahat basta gusto lang malaman ang katotohanan. Yan din sana ang minumungkahi namin sa comelec. Kasi mahirap naman na tanungin yung mga tao, at hingin ng affidavit…..so we are saying, we are hoping that in this task force, instead of pressuring us to bring out our witness, or to give an affidavit, we would present such witnesses and additional witnesses, other witnesses, in a sort of executive session Where there is secrecy, or their identity would remain safe and secure as far as they are concerned.
On the roles of PPCRV, NAMFREL, et al as watchdog elections, and their claim of absence in Maguindanao:
Atty. Calleja:…what we are saying is that we are the watchdogs to help the comelec. We are not here to discredit the elections, nor to discredit the institution. What we are saying is that by the mere fact that we were not allowed to be present to see if the elections were transparent, the process of this election, in those specified provinces, or municipalities, to our mind, is lacking the necessary electoral procedure that was supposed to happen in this election. And that being the case, if this is not in the procedure, so we are saying, there might be some lapse that maybe might warrant an investigation and if so might warrant a failure of elections, depending on the investigation. (so the absence of the watchdog) is what the investigation would determine. Because we cannot jump to the conclusion that we are not there, it is fraudulent. But what we are saying, if we were not there, we would like to come in to see whether or not there was indeed, elections.
Kapihan sa Senado Excerpts (first hour only)
May 17, 2007
Guest Speakers: Tonypet Albano, TU Deputy Spokesperson & Adel Tamano, GO Spokesperson
On the so-called unauthorized media quick count establishing a trend:
Tonypet: For us, we are not hitting the media per se, but we are finding the fault that if you can see the media surveys, the exit surveys that they were conducting, one they do not report where the election returns that they’ve gotten the numbers are from. Second, the distribution of percentage of electoral returns that they’ve gathered is not proportionate to the voting population of the whole Philippines. …what if now, it is coming now that there are more than 12-0, that are coming out, and that in major cities and major bailiwicks that we have, it’s a 10-2, 11-1, 8-4, and when the election results later on will not tally with the immediate quick count of the major networks, people will cry and say that the administration cheated, which is very much unfair for us.
Adel: …the track record of these polling companies, and track record of these quick counts, historically has been quite accurate, and you know just because it doesn’t favor one side, it seems unfair for that side to cry foul. When in 2004, that side was saying OK yung mga quick counts, cause it showed that they were winning. I think we just have to be consistent. For us in the Genuine Opposition, these media giants, they are doing their quick counts, we feel, as a service to the Filipino people. It is a public service, because the people want information…
On defending 12-0 /11-0 claim to victory of respective parties:
Tonypet: ..this will bear out later on, we are ready to defend, especially if we have the election returns. That’s why we cannot truly announce the numbers right now, and the actual number of voting, kasi wala pa ho sa amin yung election returns dito sa manila. And most of these areas are far-flung areas, sa Mindanao, sa Visayas. Salamat nga ko sa …, nakatawid yung mayor, kasi dun sila sa coastal areas. Masusuri naman po nyo, at malalaman nyo kung saka-sakaling me paltos yung aming election returns at meron silang kopya jan. kaya di kami nababahala. Defend kami dito kung saka-sakali, at kung makikita naman na di naman karapat-dapat yung 12-0, kung me pandaraya dun, we are willing to submit to the Comelec ruling…what I am saying is let us not cry foul when there is no evidence. Wag naman tayong bintang ng bintang, ah si ganun, si ganito nandaya, eh wala naman tayong ebidensyang ilalabas.
Adel: …yah they are defensible in specific areas. The opposition, they have bailiwicks. The administration, yes they do have bailiwicks. Pero hindi naman po ganun kasimple lang yun eh, just because it is your bailiwick, necessarily you will get a certain number. For me each case has to be specifically investigated. I feel that at the end of the day, although the administration will claim that if the result will not favor us, that we will cry foul, the opposition will cry foul. I think, that, that’s a presumption that has no basis yet. It’s premature. We feel that if ever we do cry foul, it is based on evidence . from the start, we have tried to do a credible campaign and for us we will maintain that type of campaigning and moreover, if we ever make allegations of cheating, we will have the evidence. And that’s why we are focused on the ER collection specifically.
On the rank of singson and Kiram in the Maguindanao sweep:
Adel: ...allow me first to say that I mean no disrespect to the leaders in maguindanao, because they are my relatives and I have personal relations with them, but I really was surprised that chavit singson was no. 1. I was expecting that a Christian and non-mindanaon would not fare that well in Mindanao. So I am quite surprise given na that the ARMM is an administration bailiwick, but I would have expected that Kiram would have been the no. 1. so that for me was surprising. We are not saying necessarily that there was cheating, but for me, it seems to be an indication that there’s cheating…
Tonypet: …in my own explanation with chavit singson, chavit singson has been battling for federalism. What does that mean, to empower the provinces to be more strong so that they can take advantage of the resources that are centered toward growth cities. This is what federalism all about, and the maguindanaoans, and even the provincemates in the muslim Mindanao are for federalistic type of government, where the government is decentralized and given power towards the provinces. This is the no. 1 slogan and platform of chavit singson which am sure that is the reason why he became no. 1 in maguindanao. Now to tell you frankly, I even have an explanation for Kiram being number 12 in maguindanao. He was the one, I was with him in so many places that he said, it is OK for me to be no. 12 , just as long as I am part of the no. 12. when you write me at no. 12 is OK.
On the status of congressional bets of administration (percentage-wise):
Tonypet: …we are happy…but i cannot give you exact figures because in some areas, they protested some election returns…most of our congressmen, we are happy that even, I think now less than 30 of the congressional candidates will win in this coming elections. What does that it say. Remember that the impeachment starts in the House of Representative. I think 200, at least 200 of the 230 congressional candidates are for the administration. What does this say? That means, impeachment, is in the House of Representative, and the House of Representative twice killed the impeachment. If there is a backlash against this administration, the very first ones that should had been lost in this election, yung natatalo sa election ang mga congressman ng administration. But, nadagdagan pa kami. What does that mean? We in the administration, especially the president, has the mandate of the people, with the vote of confidence of yes. Because later on, the senators will change parties as they change hat.
On the fate of the impeachment given the positive status of the administration’s congressional bets:
Adel: … hindi naman nasa priority yung impeachement. To be very fair, for us if we do decide to pursue an impeachment against the president, we will always be based on what is good for the country, and if we feel that it is not good for the country, at the certain point in time to do it, then we wont. We are not obsessed, with that. We are not a one-agenda party. We have other legislative agendas and other policy measures that we want to undertake. And the impeachment, if we really got to be frank, not necessarily the highest priority
-end -
(exceprts from first hour of the forum only)
May 17, 2007
Guest Speakers: Tonypet Albano, TU Deputy Spokesperson & Adel Tamano, GO Spokesperson
On the so-called unauthorized media quick count establishing a trend:
Tonypet: For us, we are not hitting the media per se, but we are finding the fault that if you can see the media surveys, the exit surveys that they were conducting, one they do not report where the election returns that they’ve gotten the numbers are from. Second, the distribution of percentage of electoral returns that they’ve gathered is not proportionate to the voting population of the whole Philippines. …what if now, it is coming now that there are more than 12-0, that are coming out, and that in major cities and major bailiwicks that we have, it’s a 10-2, 11-1, 8-4, and when the election results later on will not tally with the immediate quick count of the major networks, people will cry and say that the administration cheated, which is very much unfair for us.
Adel: …the track record of these polling companies, and track record of these quick counts, historically has been quite accurate, and you know just because it doesn’t favor one side, it seems unfair for that side to cry foul. When in 2004, that side was saying OK yung mga quick counts, cause it showed that they were winning. I think we just have to be consistent. For us in the Genuine Opposition, these media giants, they are doing their quick counts, we feel, as a service to the Filipino people. It is a public service, because the people want information…
On defending 12-0 /11-0 claim to victory of respective parties:
Tonypet: ..this will bear out later on, we are ready to defend, especially if we have the election returns. That’s why we cannot truly announce the numbers right now, and the actual number of voting, kasi wala pa ho sa amin yung election returns dito sa manila. And most of these areas are far-flung areas, sa Mindanao, sa Visayas. Salamat nga ko sa …, nakatawid yung mayor, kasi dun sila sa coastal areas. Masusuri naman po nyo, at malalaman nyo kung saka-sakaling me paltos yung aming election returns at meron silang kopya jan. kaya di kami nababahala. Defend kami dito kung saka-sakali, at kung makikita naman na di naman karapat-dapat yung 12-0, kung me pandaraya dun, we are willing to submit to the Comelec ruling…what I am saying is let us not cry foul when there is no evidence. Wag naman tayong bintang ng bintang, ah si ganun, si ganito nandaya, eh wala naman tayong ebidensyang ilalabas.
Adel: …yah they are defensible in specific areas. The opposition, they have bailiwicks. The administration, yes they do have bailiwicks. Pero hindi naman po ganun kasimple lang yun eh, just because it is your bailiwick, necessarily you will get a certain number. For me each case has to be specifically investigated. I feel that at the end of the day, although the administration will claim that if the result will not favor us, that we will cry foul, the opposition will cry foul. I think, that, that’s a presumption that has no basis yet. It’s premature. We feel that if ever we do cry foul, it is based on evidence . from the start, we have tried to do a credible campaign and for us we will maintain that type of campaigning and moreover, if we ever make allegations of cheating, we will have the evidence. And that’s why we are focused on the ER collection specifically.
On the rank of singson and Kiram in the Maguindanao sweep:
Adel: ...allow me first to say that I mean no disrespect to the leaders in maguindanao, because they are my relatives and I have personal relations with them, but I really was surprised that chavit singson was no. 1. I was expecting that a Christian and non-mindanaon would not fare that well in Mindanao. So I am quite surprise given na that the ARMM is an administration bailiwick, but I would have expected that Kiram would have been the no. 1. so that for me was surprising. We are not saying necessarily that there was cheating, but for me, it seems to be an indication that there’s cheating…
Tonypet: …in my own explanation with chavit singson, chavit singson has been battling for federalism. What does that mean, to empower the provinces to be more strong so that they can take advantage of the resources that are centered toward growth cities. This is what federalism all about, and the maguindanaoans, and even the provincemates in the muslim Mindanao are for federalistic type of government, where the government is decentralized and given power towards the provinces. This is the no. 1 slogan and platform of chavit singson which am sure that is the reason why he became no. 1 in maguindanao. Now to tell you frankly, I even have an explanation for Kiram being number 12 in maguindanao. He was the one, I was with him in so many places that he said, it is OK for me to be no. 12 , just as long as I am part of the no. 12. when you write me at no. 12 is OK.
On the status of congressional bets of administration (percentage-wise):
Tonypet: …we are happy…but i cannot give you exact figures because in some areas, they protested some election returns…most of our congressmen, we are happy that even, I think now less than 30 of the congressional candidates will win in this coming elections. What does that it say. Remember that the impeachment starts in the House of Representative. I think 200, at least 200 of the 230 congressional candidates are for the administration. What does this say? That means, impeachment, is in the House of Representative, and the House of Representative twice killed the impeachment. If there is a backlash against this administration, the very first ones that should had been lost in this election, yung natatalo sa election ang mga congressman ng administration. But, nadagdagan pa kami. What does that mean? We in the administration, especially the president, has the mandate of the people, with the vote of confidence of yes. Because later on, the senators will change parties as they change hat.
On the fate of the impeachment given the positive status of the administration’s congressional bets:
Adel: … hindi naman nasa priority yung impeachement. To be very fair, for us if we do decide to pursue an impeachment against the president, we will always be based on what is good for the country, and if we feel that it is not good for the country, at the certain point in time to do it, then we wont. We are not obsessed, with that. We are not a one-agenda party. We have other legislative agendas and other policy measures that we want to undertake. And the impeachment, if we really got to be frank, not necessarily the highest priority
-end -
(exceprts from first hour of the forum only)
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