AQUILINO L. PIMENTEL III, vs.

THE COMMISSION ON ELECTIONS EN BANC SITTING AS THE

NATIONAL BOARD OF CANVASSERS, THE SPECIAL PROVINCIAL BOARD OF CANVASSERS FOR
MAGUINDANAO CHAIRED BY ATTY. EMILIO S. SANTOS, and JUAN MIGUEL F. ZUBIRI. G.R. No.
178413. March 13, 2008. Chico-Nazario, J.

FACTS
On 4 July 2007 Petitioner Aquilino Pimentel III filed the present for the petition for certiorari and mandamus
with urgent prayer for temporary restraining order and or status quo Ante order.

The petition stemmed from the 14 May 2007 national election for the national senatorial post. At the time of
the petition eleven candidates with the highest number of votes had already been officially proclaim and had
taken their oath of office as senators. The only remaining candidate for the twelve and final senatorial post
were Pimentel and private respondent Zubiri

Public respondent COMELEC EN BANC acting as the national board of canvassers continued to canvass
proceeding so as to determine the twelve and the last senatorial post in the national 2007 election.

Pimentel assailed the proceeding of the NBC and its constituted SPBOC relative to the canvass of the
provincial and municipal certificate of canvass from the municipality of maguindanao on the ground that the
original proceeding of PBOC chaired by PES Lintang Bedol were marked by irregularities and other related
electoral documents submitted by PBOC were tainted with fraud and statistically improbable.

Pimentel further maintain that despite of the repeated question of his counsel regarding the due execution
and authenticity of maguindanao MCOCs the SPOBC simply noted without specific action thereon. Pimentel
further averred said canvass proceeding were conducted by NBC and SPBOC in violation of his constitutional
right to have substantial due process when the respondent SPBOC and NBC adopted an unconstitutional
proceeding when they disallow the petitioner to have an opportunity to raise question on the COCs. The
petitioner allege denial of his right to equal protection of law, at the same time, the National Board of
Canvasser acted with manifest grave abuse of discretion when it refuse to exercise its broad plenary power in
fully or accurately ascertaining due execution, authenticity and fitness for the canvass of MCOCs collected by
the COMELEC.
Thus, petition seek from this court are the following;
1. issue a temporary restraining order enjoining the respondent COMELEC EN BANC setting
as NBC for senators from proceeding with any proclamation of the twelve and the last
members of the may 14 2007 election for senators based on

2. the on-going senatorial canvass which include the new/second provincial certificate of
canvass of maguindanao until further order from this court or in the alternative in the
event that the proclamation of respondent zubiri is made before the application for the
TRO is acted upon issue a status quo ante order requiring the parties to observe the
status quo at the time of filling of the petition.
3. After proceeding render judgment annulling and setting aside for being unconstitutional
and illegal the proceeding of the respondent COMELEC EN BANC setting as the NBC of
may 14 2007 senatorial election by including on june 29 2007 in the canvass of votes for
senator the result from the province of maguinadanoa as reflected in it new/ second
provincial certificate of canvass.
4. Compelling or ordering respondent NBC and its deputy the SPBOC to perform their
ministerial constitutional duty of fully determining the due execution and authenticity of
the MCOCs including but not limited to allowing the petitioner to substantiate his claim
of manufactured result and profound question to the other officer concerned.

Zubiri filed with this court a manifestation with motion to dismiss on the ground that his proclamation
pursuant to resolution no NBC no. 07-67 and his formal assumption of office controversies involving his
election and qualification as senator are now within the exclusive jurisdiction of the senate electoral tribunal.

Pimentel filed before this court his comment/opposition to the private respondent manifestation with
motion to dismiss citing the case of AGGABAO VS COMELEC to be not applicable in the instance case because
therein the petitioner Aggabaon filed hid petition before this court after the proclamation of therein
respondent Miranda while in the present case Pimentel filed his petition before the court prior to the
proclamation of Zubiri as senator.

Moreover, Pimentel asserted that his petition question not Zubiri proclamation but the conduct of the
canvass proceeding before the NBC and SPBOC Maguindanao.
ISSUE
1. Is the continued proceeding of the COMELEC en banc setting as the NBC for senators is violations
of Pimentel’s right of due process and equal protection of law enshrine in the Constitution?
2. Is the exception under Sec. 15 and 30 of RA 7166 as amended by RA 9369 authorized the local
board of canvassers to decide pre-proclamation controversy affecting the election of the senators?
3. Is the continued proceeding of the COMELEC en banc without consideration of the questions of
the petitioner regarding the irregularities in the canvass of votes in the provincial board of

canvassers unconstitutional?
4. Is Certiorari and mandamus lies against the continued proceeding of the COMELEC en banc
setting as the NBC for the election of the senators?

RULING
The petition for certiorari and mandamus is DISMISSED for lack of legal basis because of the following reason
to wit:
Pimentel’s objection to the maguindanao MCOC delve into matters relating to the
preparation, transmission, receipt, custody and appreciation of the said tampering
MCOC’s and the SPBOC and maguindanao. He is raising an issue related to tampering with
falsification of or discrepancies in maguindanao MCOC, which are supposedly subject of a
pre- proclamation controversy.

Under section 15 and 30 of RA 7166 as amended by RA 9369 pre-proclamation controversy

affecting the election of the president, vice president and senators are strictly prohibited.

This provides authority of congress and COMELEC en banc setting as NBC for the president,
vice president and senators relative to the determination of the composition and proceeding
of the board of canvassers, issue relative to manifest error in the certificate of canvass and
election return including the determination of the authenticity and due execution of
certificate of canvass.
Well settled is the rule, that once the candidates has already declared as the winner in the congressional
election, the remedy open to the petitioner was to filed an electoral protest with electoral tribunal of the
house of representative.
As to due process of law, the court find of deprivation of due process of law as Pimentel argument
problematic sense he has not established what he is being deprive of life, liberty and property. He is not
assailing any, which arbitrarily or without sufficient justification supposedly deprive him of life, liberty and
property.