Comelec En Banc decides favorably to petitions for recall of Samar Governor and Vice-Governor

By EMY C. BONIFACIO, Samar News.com
February 7, 2011

CATBALOGAN, Samar  –  Contrary to pronouncements from the Tan’s camp that the petition to recall them from their present positions are premature and is a futile exercise, the Comelec en Banc released a decision that favored the petitioners and declares the petitions to be sufficient in form and substance.

Samar News has been in possession of an excerpt of the Minutes of the Regular en Banc Meeting of the COMELEC held on January 12, 2011 that ordered its Deputy Executive Director for Operations of the Commission to implement the resolution that favorably considers the Petitions for Recall of Governor Sharee Ann T. Tan and Vice Governor Stephen James T. Tan of the province of Samar as sufficient.

The resolution was signed by COMELEC Commissioners Rene V. Sarmiento, Nicodemo T. Ferrer, Lucenito N. Tagle, Armando C. Velasco and Elias R. Yusoph. Commissioner Gregorio Y. Larrazabal was on official business and Chairman Jose A. R. Melo has already tendered his resignation during such deliberation, thus their failure to affix their signatures.

The decision came as a result of a manifestation and prayer made by Sardillo and Fong Law Office, counsels for Mr. Aurelio A. Bardaje, Jr. and Ms. Elvira A. Lopez. Bardaje and Lopez are the petitioners for recall of the two (2) Tans.

A Certification signed by Mariano A. Gabito, dated December 15, 2010, from the Bureau of Local Government Supervision, DILG, Quezon City, has been made part of the Petition in lieu of a Certification of Assumption to Duty which the DILG Provincial Office of Samar has failed to issue.

Previously, in two (2) separate memoranda, both dated December 13, 2010, Acting Executive Director Sinocruz for Operations of the COMELEC recommended for a resolution certifying that the petitions for recall against the Tans are insufficient because of its inability to submit a certification issued by the DILG on the assumption to duty by the local elective officials sought to be recalled.

It has been on record that the Provincial COMELEC’s Office headed by PES Atty. Corazon Montallana received the two (2) petitions on December 3, 2010. Based on Montallana’s determination, the petition for recall against Gov. Tan complied with all requirements set forth. On the other hand, that of Vice-Governor Tan was rendered insufficient in form and substance.

Moreover, PES Montallana reports that the Samar DILG Director claimed to have not received any document that would serve as basis for the Tans’ date of assumption, thus their inability to issue such certification. However, in lieu of such certification, the petitioners attached certified true copies of two (2) memoranda dated July 15, 2010 and December 1, 2010 issued by Governor Sharee Ann T. Tan and Vice-Governor Stephen James T. Tan to a certain Rondita A. Ordona and Laureano A. Aguilar, respectively, which are indications that the Tans were performing their duties on that particular date and created a presumption that they have assumed their offices as Governor and Vice-Governor of Samar.

The COMELEC asserts that the date of assumption must be proven with absolute certainty and not by mere presumption. The date of assumption to office of the official sought to be recalled is used to determine when the recall election shall be conducted.

Section 3 of Resolution No. 7505 provides that the recall election should be conducted not earlier than one (1) year from the date of assumption to office of the official sought to be recalled and not later than one (1) year immediately preceding the next regular local election.

Finally, the DILG Certification submitted by the counsel of petitioners was successful in proving that the local officials sought for recall are duly elected officials for the term July 01, 2010 up to June 30, 2013. This document facilitated in the recent Resolution that declares both petitions against the Tans to be sufficient in form and substance.

Likewise, Section 12 of Resolution No. 7505 as amended requires the Provincial Election Supervisor to determine whether the required percentage or total number of signatories has been attained based on the certification on voting population issued by the National Statistics Office (NSO) and that all requirements prescribed in said resolution have been complied with.

The petition was found to have Seventy Three Thousand Eight Hundred Eighty Nine (73,889) supporting petitioners which is 22.27% of the registered voters as of May 10, 2010. The names and signatures were embodied in the Seven Thousand Five Hundred Seventy Five (7,575) pages attached to the petition.

Sec. 6 of the same Resolution 7505 requires at least 10% of the 300,000 or more voting population but not less than 45,000 is required. The petition have met said requirement.

Furthermore, the prescribed filing fee with a voting population of over 300,000 amounting to Fifty Thousand Pesos (Php50,000.00) pesos has also been complied.

Ms. Elvira Lopez, one of the petitioners, was so happy about the recent development. She hopes that the Samarnons will be given the chance to decide for their future. “We need that much needed change now. Now is the right time for the Samarnons to work together for the interest of everyone” adds Lopez.

Mayor Reynaldo S. Uy of Calbayog City refused to comment on the legal implications of the resolution during a brief interview. “I am not a lawyer… However, I am so glad that this effort has been progressing. This is a welcome development for all Samarnons. I am ready to accept this challenge and I can see that people are now working together to topple down this provincial administration that is so much tainted with corruption, illegal and immoral transactions. I hope that people will soon realize the need to improve our lives as Samarnons and develop Samar. We need to do it now” was Mayor Uy’s comments on the issue.

Mayor Uy has been eyed by most Samarnons as the only person who can run against the incumbent governor. The support of the majority of the members of the League of Mayors in the Province, the Philippine Councilor’s League, Liga ng mga Barangay and the Sangguniang Kabataan Federation to Uy’s gubernatorial bid, should the recall prosper, are positive signs for a change in leadership in the next few months.