PROTEST
[PHOTO - Almost all over.
The Senate Electoral Tribunal hopes to proclaim Aquilino 'Koko' Pimentel III by
next week following the decision of Sen. Juan Miguel Zubiri to resign. With him
is wife Jewel. PHOTO BY ROLLY
SALVADOR]
MANILA, AUGUST 6, 2011 (MALAYA) BY JP LOPEZ - THE Senate yesterday considered the
resignation of Juan Miguel Zubiri irrevocable, allowing the Senate Electoral
Tribunal to hasten decision on the electoral protest filed by Aquilino Pimentel
III.
"The senators decided that we should not even vote or take it upon ourselves
to decide whether we should accept a resignation. We should just take it at face
value. So kapag sinabi ng isang senador na resign, resign ka na," Sen. Alan
Peter Cayetano said at the weekly Kapihan sa Senado media forum yesterday.
The decision was reached in a caucus held late Wednesday after Zubiri
delivered a privilege speech announcing his resignation.
Senate President Juan Ponce Enrile said the Senate is leaving Zubiri's fate
to the SET which has jurisdiction over Zubiri's counter-protest against
Pimentel.
"We will remove him from the roll and a write a letter informing the SET,"
Enrile said.
The SET is composed of Justice Antonio Carpio, Justice Presbitero Velasco,
Justice Leonardo-de Castro and Senators Antonio Trillanes IV, Gregorio Honasan,
Lito Lapid, Pia Cayetano, and Ramon Revilla Jr.
Zubiri late Wednesday said he would withdraw his counter-protest.
His lead counsel, George Erwin Garcia, did so yesterday.
Garcia said proceedings could drag further on if Zubiri would not drop the
counter-protest.
Zubiri finished 12th in the 2007 senatorial election with 11,004,099 votes or
19,292 votes more than Pimentel.
Pimentel, in his protest, asked for a recount in 2,658 precincts covering
Maguindanao, Lanao del Norte, Shariff Kabunsuan, Basilan, Sultan Kudarat, Lanao
del Sur and Sulu. He said he was leading Zubiri by 257,401 votes.
Zubiri, in his counter-protest, listed 73,265 precincts, mostly in Metro
Manila, where he said he was cheated.
After Zubiri's privilege speech on Wednesday, Enrile announced on the floor
that the Senate would have to study Zubiri's decision, adding the Senate should
not act rashly on the resignation.
Cayetano said it was not clear if there is law requiring the Senate to accept
a resignation of its member.
"If you're going to vote that we should not accept his resignation, the
Senate will be accused that we're part of a `moro-moro.' That will be an
injustice not only to the Senate but also to Sen. Zubiri himself. We don't want
that his unselfish act to be tainted because senators refuse to accept the
resignation," Cayetano said.
Sen. Edgardo Angara said Pimentel is expected to assume the post after two
weeks or by mid-August.
Angara was a member of the SET until last month when his term expired. His
seat went to Trillanes.
"After the resignation of Sen. Juan Miguel Zubiri and the withdrawal of his
counter-protest, the Senate Electoral Tribunal (SET) will issue a resolution
approving withdrawal. Since there would no longer be any counter-protest, the
protest of Mr. Pimentel would be upheld. After this resolution, it will go to
the Comelec, which will proclaim Mr. Pimentel as the winner," Angara said adding
that that the decision regarding the 2004 elections case would probably be
hastened by Zubiri's resignation.
"His leaving the Senate now before the case is concluded effectively renders
the decision moot and academic. Although all these proceedings still need to end
with all the necessary formalities and paperwork, his resignation from his post
would likely prompt the SET to make an early resolution," he also said.
"This process may take about two weeks, that's an educated guess," Angara
added.
ABANDONMENT
But Sen. Miriam Defensor-Santiago said until the Senate accepts his
resignation, Zubiri should continue reporting for work or he could be criminally
liable for abandonment of office.
She quoted an authority on the law on public officers, Floyd Mechem, saying:
"Mere presentation of a resignation does not work a vacancy, and a resignation
is not complete until accepted by proper authority. Until accepted by the proper
authority, the public officer may certainly resign, but without acceptance, his
resignation is nothing, and he remains in office."
Santiago suggested that Zubiri's resignation be considered a courtesy
resignation.
"A courtesy resignation is not a resignation in the legal sense," she said.
Santiago also said if the Senate decides to vote on Zubiri's resignation, she
will vote "No," and she will explain her vote with the comment that his
resignation should be effective only after the Senate Electoral Tribunal issues
a decision on Pimentel's electoral protest.
"If Zubiri leaves office, and Pimentel is not yet declared the winner of that
office, the position of senator will remain vacant, causing detriment to the
public service," she said.
Santiago said that if the Senate accepts Zubiri's resignation, it will become
effective when Zubiri receives notice of the acceptance. – With Angela Lopez de Leon
Chief News Editor: Sol Jose Vanzi
© Copyright, 2011 by PHILIPPINE HEADLINE NEWS ONLINE
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