From: "Namfrel"
To: "Telibert C. Laoc"
Subject: COMELEC ACCREDITS NAMFREL AS IT'S OFFICIAL CITIZENS' ARM
Date: Sat, 7 Apr 2001 22:56:31 +0800
Press Release
6 April 2001
COMELEC ACCREDITS NAMFREL
AS ITS OFFICIAL CITIZENS' ARM
The Commission on Elections (COMELEC), after 161 days, has finally approved
the resolution accrediting the National Citizens' Movement for Free Elections
(NAMFREL) to be the Commission's citizens' arm authorized to conduct
Operation Quick Count for the May 14 national and local elections.
As such, NAMFREL shall be entitled to receive the COMELEC accountable forms
namely, the 6th copy of the election return as mandated by Republic Act 8173,
and the 4th copy of the municipal certificate of canvass (COC) together with
the statement of votes (SOV), and the 4th copy of the provincial COC as per
Sections 21 and 22 of Republic Act 8436.
The National Press Club (NPC) was also accredited by the COMELEC to conduct
an unofficial count and "shall be given the seventh copy of the Certificate of
Votes for Senators, Congressmen and Party-List."
However, COMELEC Chairman Alfredo Benipayo, Commissioner Resurreccion Borra,
and Commissioner Florentino Tuason, Jr. expressed reservations on some of the
conditions/ procedural guidelines stated in the resolution.
From: "Telibert"
To: "Namfrel"
Subject: Elective Positions for the 14May2001 Polls
Date: Wed, 7 Mar 2001 21:16:40 +0800
Number of Seats by Type of Elective Positions to be Voted for the Entire
Country on the May 14, 2001 National and Local Elections
(Source: Comelec)
Seats Positions
13 Senators
209 Representatives
53 Party-List
78 Governors
78 Vice-Governors
732 Prov'l Board Members (Sangguniang
Panlalawigan)
99 City Mayors
99 City Vice-Mayors
1,098 City Councilors (Sangguniang Panglungsod)
1,510 Municipal Mayors
1,510 Municipal Vice-Mayors
12,100 Municipal Councilors (Sangguniang Bayan)
_________
17,579 TOTAL
"Eternal vigilance is the prize of democracy."
From: "Namfrel"
To: "Telibert C. Laoc"
Subject: NAMFREL Press Statement - March 6, 2001
Date: Tue, 6 Mar 2001 12:31:29 +0800
Press Statement
March 6, 2001
Namfrel Files with the Supreme Court a Supplemental Petition to Inhibit
Tancangco
At 11:00 a.m., yesterday, Namfrel lawyer Jose A. Bernas, together with
Namfrel volunteers, filed with the Supreme Court a 15-page "Supplement"
to its earlier Petition to Inhibit Commissioner Luzviminda G. Tancangco.
In its Supplemental Petition, Namfrel refined its earlier arguments by
showing that as Tancangco had simultaneously acted as a judge, accuser
of and oppositor to Namfrel, then it was mandatory for Tancangco to be
disqualified from sitting as a judge on the accreditation proceedings to
determine the citizens' arm of the Comelec.
Namfrel stressed that Tancangco had long been critical of Namfrel,
before she was appointed to the Comelec, and that her accusations
against Namfrel's competence and integrity were published as early as
1992, in a book known as "Tancangco Report".
What distressed Namfrel was that Tancangco, by circulating copies of her
findings to the other Comelec Commissioners in the form of a Position
Paper, she acted, not as a judge, but as an oppositor to Namfrel's petition
for accreditation. She even declared, during the hearing before the Comelec
last February 26, 2000 that she stands by her findings up to today.
Namfrel thus claimed that Tancangco's admission in open session that she
"stands by her work and will defend it," is indisputable evidence of her
prejudgment, but sadly, it is palpable to everyone else but her.
Namfrel declared that Tancangco's refusal to inhibit was inexplicable, in
light of numerous Supreme Court rulings, which stressed that "second only
to the duty of rendering a just decision, is the duty of doing it in a
manner that will not arouse any suspicion as to its fairness and the
integrity of the judge."
In many decisions, the Supreme Court already noted that no matter how
"upright the judge" is, there is always the "peril of unconscious bias or
prejudice [because] of former opinions," therefore, Namfrel asserted that
Tancangco's decision not to inhibit herself was "tainted by grave abuse of
discretion" and in defiance of Supreme Court rulings.
Namfrel then stressed that the need for a restraining order against
Tancangco is even more pressing, since the hearings in Namfrel's
accreditation case are over and Tancangco must be prevented from
deliberating and voting on the separate petitions for accreditation of
Namfrel and the National Press Club (NPC); otherwise, Tancangco could
merely inhibit herself from the Namfrel case, but turn around and vote in
favor of the NPC in the other case.
The Comelec itself, Namfrel explained, has not been able to issue any
ruling on Tancangco's decision not to inhibit herself, because Tancangco
has not filed any written decision as the Comelec Rules of Procedure
require, but merely announced her decision in open session.
In the end, Namfrel argued that the "rule of law demands the purity of
both the decision and the [process of] deliberations," thus Tancangco's
refusal to inhibit herself injured the image of the impartiality of Comelec's
decision-making process.
Namfrel asked the Supreme Court to remind Tancangco that by "having
accepted the post of a Comelec Commissioner, she has imposed upon
herself a more stringent and exacting standard and code of conduct, i.e.,
while donning the robes of a magistrate, she will, at all times and in all
cases, act with the cold neutrality of an impartial judge."
As the Bill of Rights of the Constitution, Namfrel asserted, prohibits "the
arbitrary exercise of governmental power," then Tancangco's inhibition
was called for, if only to prevent any doubts as to Comelec's impartiality,
i.e., "just like Caesar's wife, as the Comelec wields its discretion, it must
not only be above suspicion, but must likewise appear to be beyond
reproach " both must concur."
Namfrel clarified that it filed its Petition not to pressure Tancangco into
accrediting Namfrel, but precisely because keeping Comelec's decision-
making process "unsullied is of paramount importance."
From: "Namfrel"
To: "Telibert C. Laoc"
Subject: Namfrel Press Statement - March 1, 2001
Date: Thu, 1 Mar 2001 17:18:19 +0800
Press Statement: NAMFREL ASKS SUPREME COURT TO STOP TANCANGCO FROM
DECIDING IN THE OQC ACCREDITATION
"This is a classic case for inhibition due to pre-judgement. She admits to
have a previously formed opinion on the matter and yet she refuses to
inhibit herself," Namfrel lawyer Jose Bernas said in a press statement.
"Worse, her bias is so fixed she is not even conscious of it," Bernas added.
Namfrel filed before the Supreme Court a Petition forCertiorari and
Prohibition with Urgent Prayer for Issuance of a Temporary Restraining
Order seeking to annul Comelec Commissioner Luzviminda Tancangco's decision
not to inhibit herself from the hearing of Namfrel's Petition for
Accreditation to conduct the Operation Quick Count in the May 14, 2001
elections.
Earlier, Namfrel filed before the Comelec an Urgent Motion to Inhibit
(January 29, 2001), Supplement Motion to Inhibit with Motion to Restrain
(February 8, 2001), and Motion to Disqualify (February 19, 2001)
Commissioner Tancangco from hearing Namfrel's Petition for Accreditation.
These pleadings were based on her previous publications reflecting her
partiality and prejudice against Namfrel. In resolving Namfrel's Petition
for Accreditation, Commissioner Tancangco has asked the Comelec to consider
her published works imputing inefficiency, inaccuracy, and fraud to Namfrel.
On February 8, 2001, Commissioner Tancangco issued a Memorandum transmitting
her position paper regarding Namfrel's Petition for Accreditation. Her
position paper reiterated the allegations contained in her previous
publications. It is undeniable that Chapter VII of her book, Anatomy of
Electoral Fraud reflects a personal bias against Namfrel's capacity to
conduct an efficient quick count. Thus, her capacity to objectively sit
and impartially judge the Petition is put in serious doubt.
At the outset of the February 20, 2001 hearing, Namfrel's counsel moved
that the several Motions to Inhibit/Disqualify be resolved. After the
Commission deliberated in closed session, Chairman Alfredo Benipayo
announced that Commissioner Tancangco had decided not to inhibit herself.
The Comelec order dated February 20, 2001 states that Commissioner
Tancangco will file a written response to the Motion to Inhibit/Disqualify.
Before the close of the February 26, 2001 hearing, when asked whether she
would participate in the deliberations and voting, and whether she would
file a written response soon, Commissioner Tancangco uttered statements to
the effect of:
* "What is your basis?" 'presumably referring to the motions for
inhibition/disqualification
* "I stand by my works; it is supported by other documents, such as by the
Senate Technical Working Group;" and
* "I thought it was agreed that my position paper and the comment thereto
will be stricken off the record."
Namfrel was constrained to file the Petition for Certioari with the Supreme
Court because of the tenacious refusal Commissioner Tancangco to inhibit
herself despite obvious and meritorious grounds. Having previously
published and announced conclusions on Namfrel's competence and integrity
to conduct a quick count, she cannot be expected to act in an impartial and
unbiased manner. Her refusal to inhibit betrays her intentions to ensure
that her prejudgments prevail in Namfrel's Petition for Accreditation.
Commissioner Tancangco cannot be a judge and an accuser at the same time.
