Wednesday, August 3, 2011

Zubiri Resign


Justice Secretary Leila de Lima considers Senator Juan Miguel "Migz" Zubiri's resignation a "pleasant surprise" and a "breakthrough" in as far as the joint Department of Justice (DOJ)-Commission on Elections (COMELEC) probe into alleged poll fraud in the 2004 and 2007 elections is concerned.
De Lima said this development goes to show that people are taking the probe, set to begin in 2 weeks' time, "very seriously."
Zubiri resigned today ahead of a full-blown investigation by a 5-member DOJ-COMELEC panel into alleged poll fraud in 2004 and 2007.
"This is a very good breakthrough, this is a very good sign [that] people are taking very seriously itong mga ongoing investigation natin lalo na yung impending DOJ-COMELEC joint investigation into the 2004 and 2007 poll fraud," she said.
"In other words itong mga naglabasan ngayon, itong kina [Lintang] Bedol, kina Zaldy Ampatuan and then the SAF(Special Action Force) officials and personnel -- yung kay Col. [Rafael] Santiago -- and ung mga iba pa na kasalukuyang mga vini-vet ko, mayroong patutunguhan. What else could have been the trigger for this?" she added.
"Pleasant surprise, conscientious move"
The justice chief said Zubiri's resignation, albeit 4 years after the polls, is a "pleasant surprise."
"This is a pleasant surprise. It's actually a surprise for Sen. Migz to do that, but it is a pleasant surprise in the sense na mayroon pa pala tayong mga opisyal na conscientious at alam yung tamang gawin," de Lima said.
"It actually strikes at the sense of  decency of the person... what triggered him really... it must have been connected to all of this na naglalabasan ngayon," she said.
An act of conceding
In his speech at the Senate today, Zubiri denied involvement in the alleged massive cheating orchestrated by the Arroyo administration in 2007, and said he was resigning because of "unfounded accusations" against him in connection with the 2007 elections "which has systematically divided our nation" and cast doubts in the electoral system.
De Lima, however, pointed out that Zubiri's resignation is an act of conceding defeat to Aquilino "Koko" Pimentel III for the 12th senatorial slot in the 2007 elections.
"His resignation as a senator is a sign na nagko-concede siya. He is conceding to the fact na hindi siya sigurado, at least, at the very least, hindi siya sigurado sa naging resulta," de Lima said.
In the official canvass, Zubiri led Pimentel by merely 18,000 votes.
In Pimentel's protest before the Senate Electoral Tribunal (SET), he was able to recover over 257,000 votes.
Koko has to be proclaimed by SET
De Lima, a foremost election lawyer and counsel for Pimentel in 2007, clarified Pimentel cannot sit as senator just yet.
She said the SET now has to act on the pending motion of Pimentel for his immediate proclamation following Zubiri's move to suspend his counter-protest revision of votes beginning July 19.
"Yung pag-resign nya, of course, that results in a vacancy in the Senate but it does not ipso facto entitle Koko Pimentel to sit in his place," de Lima said.
"Pwede lang si Koko makaupo pag i-declare na siya ng SET as the true winner of the elections in 2007," she added.
De Lima believes the next step for Zubiri to do is to formally withdraw his counter-protest.
"I suppose to show his sincerity, siguro i-withdraw na niya yung counter-protest niya and this should be a signal for the SET to do something, to  assert its authority, its prerogative, as an independent constitutional body," de Lima said.
Zubiri not off the hook in poll fraud probe
Zubiri may have stepped down, but de Lima said he may still be summoned to appear before the DOJ-COMELEC committee tasked to do the poll fraud probe especially that his name has been implicated in the so-called "12-zero" project of the Arroyo administration to secure the win of some of its senatorial bets in 2007.
"He can be summoned by the committee, precisely because hindi legitimate yung resulta ng eleksyon in so far as the 12th senatorial slot was concerned," de Lima said.
The DOJ and COMELEC have yet to formally constitute its investigating committee which will be headed by a DOJ official.

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