Comelec annuls Pagayawan mayor proclamation. - Ric Clet

Marawi City – Due to the controversial En Banc Resolution SPA NO.10-160 (FE), SPA NO.10-166 (FE) and SPA NO.10-197(FE) of the Commission on Elections (Comelec), the proclamation of Mayor Mohammad Khalid P. Diamel of Pagayawan, Lanao del Sur was declared null and void. The said resolution also draws different reactions from the different sectors in the eight (8) municipalities affected by the failure of election in the national and local elections last May 10, 2010 due to reported fraudulent and violent incidents in the affected areas. The source of confusion and the annulment of Diamel's proclamation is paragraph number 3 of the dispositive portion of  the sixteen- page resolution  promulgated last July 13,2010 which reads :  "To declare as NULL and VOID all proclamations made as a result of elections on 10 May 2010 held in all areas of the instant resolution"; The En Banc resolution was signed by Chairman Jose A.R. Melo, Commissioners Rene V. Sarmiento, Nicodemo T. Ferrer, Lucenito N. Tagle, Armando C. Velasco, Elias R. Yusoph and Gregorio Y.Larrazabal. "Based on the certificate of canvass of voters and proclamation of winning candidates  submitted to this office by the election officer of the municipality of Pagayawan, Lanao del Sur  during the May 10, 2010 National and Local election, was declared NULL and VOID" the certification issued by Vergil Juan S. Soriano, Acting Division Chief of the Election Records and Statistics Department of the Comelec. Meanwhile, Mayoralty candidate Sailaney Bubong Benito, who requested a copy of Pagayawan Diamel's proclamation, disclosed in an interview that   Provincial Election Supervisor Atty. Nasib Yasin of Comelec Lanao del Sur Office responded saying,   "Our records does not show that we have received copies thereof, those designated Acting provincial Election Supervisor during the election did not leave whatever document to be kept in this office". Yasin further stated that he was relieved as Provincial Election Supervisor of Lanao del Sur two weeks before the said elections. Benito asked, "How can Diamel function as mayor of Pagayawan when his proclamation was declared by the Comelec as null and void?." He continued to receive the municipal Internal Revenue allotment (IRA) from the Philippine Veterans Bank in Cagayan de Oro City",  Benito said. "I appeal to the Comelec, Department of Budget and Management (DBM) and to the Department of Interior and Local Government to investigate on how and why Diamel become the mayor of Pagayawan when it is very clear that his proclamation was annulled by the same Comelec who proclaimed him as the winning candidate ",Benito said. Benito's supporters welcomed the development as they expressed their gratitude to the Comelec officials for their concern for the people of Pagayawan. On condition of anonymity, a supporter of Benito disclosed that the turn of events was a divine intervention, as they suffered long enough and deprived of basic services, welfare and development in Pagayawan.   In a regular En Banc meeting of the Comelec last October 12, 2010. 10-1037  "In the matter of the Recommendation of Commissioner Elias R.Yusoph on the certification issued by Engr. Vergil Juan S. Soriano, Acting Division chief, RSD, ERSD, as to the status of the proclamation of the winners in Pagayawan ,Lanao del Sur", Yusoph stated.  that the issuance of Soriano's certification to Benito last September 9, Mayor Diamel "aggrieved by the certification, requested for its revocation/recall as he does not believe that the number of registered voters in the affected barangay would affect the results of the election. He added that the source of the confusion is paragraph number 3 of the dispositive portion of the resolution in SPA No.10-160 (FE), SPA no.10-166(FE) and SPA No.10-197 (FE) promulgated on July 13, 2010. Paragraph 3 which  reads "To Declare as NULL and VOID all proclamations made as a result of elections on 10 May 2010 held in all areas subject of the instant resolution". Yusoph recommendations were 1. The En Banc may let item 3 of the dispositive portion stay. After all, the subject resolution has already become final and executory. In which case, the certification of Mr. Soriano remains; 2. The En Banc may issue a supplemental or clarificatory resolution amending paragraph 3 by clarifying that only the proclamations which will be affected by the results of the special elections should be annulled. The services of the ERSD are needed in this instance to determine the proclamation which will be annulled and voided. In this option, the certification of Mr. Soriano will have to be revoked and recalled Benito said that he will file a motion  of intervention for in behalf of the depressed  and oppressed of Pagayawan people .As of press time both parties are waiting for the supplemental and clarificatory of the en banc resolution. An special election will be conducted in lanao del Sur this November 13,2010 in the eight municipalities of  Buadi Pusong Buntong (one barangay),Kapai  ( 10  barangays), Marantao (one barangay), Calanogas,(four barangays),Ganassi,( four barangays), Lumbatan (two barangays) and Tugaya complete failure of election.Top of Form