INQUIRER.net Eleksyon 2007

Alan Peter Cayetano’s problems far from over

Inquirer

Jerome Aning Edson C. Tandoc Jr. Dona Pazzibugan

MANILA, Philippines -- Genuine Opposition senatorial candidate Alan Peter Cayetano's woes seem far from over.

Although Joselito Pepito "Peter" Cayetano has been disqualified by the Commission on Elections for being a "nuisance," he may still appeal the ruling to the Supreme Court and remain in the race by securing a restraining order.

"He remains to be a candidate," Comelec Chairman Benjamin Abalos told Inquirer in a phone interview.

James Arthur Jimenez made the same statement. "He has five days upon receipt of the Comelec ruling to appeal before the Supreme Court," he told the Inquirer.

This means two Cayetanos are still running: Joselito of the Kilusang Bagong Lipunan and Genuine Opposition's Alan Peter Cayetano, who had sought Joselito’s disqualification.

Jimenez said all votes cast for "Cayetano" only would be considered stray. Comelec's law department chief Alioden Dalaig issued the same instructions in a memorandum to all local election officials on Saturday.

In his memo, Dalaig cited Comelec rules of procedure and Republic Act No. 6646, or the Electoral Reforms Act of 1987, which both provide that the en banc's decision on the disqualification case will be final and executory five days after the parties' receipt of the copy of decision, unless stayed by the Supreme Court.

According to Jimenez, while Comelec rules of procedure prohibit motions for reconsideration of disqualification cases decided by the en banc, appeals of en banc decisions to the Supreme Court are allowed.

In ruling Joselito as a nuisance Friday night, Comelec cited his adoption of the nickname "Peter," thus threatening the candidacy of Alan Peter Cayetano.

However, Alan Cayetano's lawyer Leila De Lima said his client would also appeal the Friday ruling on the contention that the original Comelec division ruling last March 27 that also declared Joselito as nuisance had already taken effect and need not be elevated to the en banc because Joselito appealed it late.

There was no need for the May 11 Resolution, De Lima maintained, because the March 27 Resolution was already final and executory since Joselito did not file an appeal within three days. Joselito filed a motion for reconsideration within five days.

"While we are grateful for Joselito's being declared a nuisance candidate, we regard Comelec's allowing him to appeal the decision a legal superfluity that we would also raise before the Supreme Court," she said in a phone interview.

But faced with another round of legal battle, De Lima said they would ask the Comelec not to declare "Cayetano" votes as stray, but to tally them separately, so they could be given to Alan Cayetano should Joselito's disqualification be declared final later on.

On the other hand, although they have not yet received a copy of the resolution, Joselito's lawyer John Joshua Atienza told the Inquirer they would be filing a petition for review with the Supreme Court on Tuesday to appeal the Comelec resolution.

On Saturday afternoon, he filed a manifestation with the Comelec stressing the May 11 Resolution was not yet final, asking the Comelec not to strike out Joselito's name from the official list of candidates.

He also warned the Comelec that removing Joselito's name from the official list while the disqualification case is still pending "could constitute an impeachable offense."

Meanwhile, the affected GO candidate, Alan Peter Cayetano, said the long delay in the issuance of the Comelec's decision is part of a "bigger plot” to derail his senatorial bid.

"If there was an unseen hand on why the Comelec changed its mind, the damage has been done," he said after the GO’s miting de avance Friday night.

"Now I'll have the hard task to inform the BEIs (Board of Election Inspectors) all over the country that all 'Cayetano' votes should be counted to me," he added."

Cayetano, representative of Taguig's lone district who has crossed swords with First Gentleman Jose Miguel "Mike" Arroyo over the latter's alleged secret bank accounts, said having a candidate with the same family name affected his campaign.

"So although we're happy, I didn't get justice. I'm the perfect example of 'justice delayed, justice denied.' My whole campaign was affected," he said. "They have accomplished their purpose."

Cayetano believes that even the issuance of the Comelec en banc's final decision on Friday night, or just three days before the May 14 elections was "deliberate."

"Oh yes, definitely all of this is part of a bigger plot from the start," he said, adding: "I'm told there's still a plan against me."

Cayetano said he hopes that he will still have enough time left to disseminate the information to BEIs to count all 'Cayetano' votes in his favor and not to discard them as stray votes.

He said the name of Joselito Pepito Cayetano has already been included in the election returns (ERs) distributed to all election precincts.

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