COMELEC Resets Initial Hearing on the Pampanga Recount Case to Oct. 15

PPCRV Recount Monitoring Report 4
October 8, 2009
Contact: PPCRV Secretariat at Tel. Nos. 860-53-38 or 961-41-12


The Commission on Elections (COMELEC) on Thursday (October 8, 2009) reset the initial hearing on the recount case filed by defeated gubernatorial candidate Lilia Pineda against Pampanga Governor Eddie Panlilio. The hearing was moved to October 15 (Thursday), 8:30 a.m. at the COMELEC Office in Intramuros, Manila.

This as Commissioner Nicodemo Ferrer, Presiding Officer of COMELEC’s 2nd Division, noted that the two other Commissioners of the 2nd Division, Hon. Lucenito Tagle and Hon. Elias Yusoph could not attend the initial hearing According to COMELEC rules, at least two of the three Commissioners comprising a Division have to be present in the hearings involving electoral contest adjudication. Comm. Tagle was in Indonesia while Comm. Yusoph was said to be attending an important meeting with newly-appointed COMELEC Commissioner Gregorio Larrazabal.

The hearing was intended to be a venue for protestant Lilia Pineda to present evidences and prove her allegations against Gov. Panlilio. It may be recalled that Pineda lost to Panlilio by a slim margin of 1,147 votes in the May 2007 synchronized elections. She filed an election protest against Panlilio on May 25, 2007 on allegations of: a) mis-appreciation and misreading of ballots, and b) fraud and irregularities such as massive cheating, vote-buying and harassment of teachers and pollwatchers of the rival camp.

The lawyers of both parties, Atty. Jorge Garcia (Counsel for Pineda) and Attys. Sixto Brillantes and Ernesto Francisco, Jr. (Counsels for Panlilio) agreed to the postponement of the hearing. Comm. Ferrer agreed to give a one-week extension to the Pineda camp for the “pre-marking of their documentary evidence”.

When asked to comment about alleged recount results circulating through text which point to a sure win for Pineda, Atty. Francis Allen Abaya, Clerk of Court of the 2nd Division, emphasized that these are unofficial figures pending the completion of the hearings and the actual appreciation of votes.

Commissioner Ferrer appealed for cooperation from both camps for the speedy resolution of the recount case. He revealed that he has been getting calls almost daily from Kapampangans who inquire about the status and outcome of the case.