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SC fails to issue TRO; Zubiri proclamation set on Saturday


(Updated 6:45 p.m.) Team Unity senatorial candidate Juan Miguel Zubiri will be proclaimed as the 12th winning senator on Saturday morning after the Supreme Court on Friday failed to issue the temporary restraining order against it sought by Genuine Opposition bet Aquilino "Koko" Pimentel III. The high tribunal ended deadlocked at 7-7 on Pimentel's pleading to block the proclamation. The opposition bet had needed a majority of the justices to back his petition. Comelec spokesman James Jimenez said Zubiri will be proclaimed at 10 a.m. of Saturday at the poll body's office in Manila. Invitations will be sent out Friday evening. An elated Zubiri said right after the ruling that he was raring to work as a senator. "This shows that democracy really works in this country. And if there's any question on the Maguindanao votes, proceed to the Senate Electoral Tribunal, I will support the investigations there. Let's open the ballots. But for now, I'm very excited to work," the administration senatorial bet said. For his part, Pimentel said he would continue his fight and even expressed satisfaction that seven SC justices voted for a TRO. "We're happy with the results of the voting. We didn't get the majority required by the SC's rules but seven (justices) did agree with the importance of issuing a TRO. This was unlike their last ruling when they unanimously voted against a TRO," Pimentel said in Filipino. Last June 29, the high court dismissed an earlier Pimentel petition that it compel the Comelec to exclude the controversial Maguindanao votes in the national canvassing. Votes from the southern Philippines province wiped out Pimentel's lead over Zubiri for the last contested Senate slot. Zubiri also called on an end to what had been a fierce political rivalry with Pimentel in the past weeks. "I hope we can end all this politicking. I extend my hand of friendship to my friend Koko Pimentel. Let's just help each other. We are both from Mindanao. We shouldn't fight but instead help one other," he said. Zubiri is former Representative of Bukidnon's 3rd district. Pimentel is a lawyer from Cagayan de Oro City and the son of incumbent Senator Aquilino "Nene" Pimentel Jr. Oral arguments The high court on Friday heard oral arguments for five hours on Pimentel’s petition aimed at blocking Zubiri’s proclamation. In the hearing, Supreme Court justices confronted Pimentel and an opposition lawyer over reports that they would take their fight to the streets in case of an unfavorable ruling. But Pimentel, when told by Justice Antonio Carpio to explain his supposed threat, at first denied saying anything to that effect but later admitted that he did express willingness to stage mass actions. However, the opposition bet said his statements were not aimed at the SC justices or to question their integrity. Justice Conchita Morales also told Genuine Opposition lawyer Sixto Brillantes Brillantes to explain his supposed remarks on a television channel which she said were contemptuous and tantamount to blackmail. Brillantes denied making such threats. Proclamation on without TRO Earlier, a Commission on Elections official said Zubiri will be proclaimed if a TRO is not issued. "If it is clear by Friday afternoon that there will be no TRO, we can push through with the proclamation this Saturday," the Comelec's Jimenez had said Thursday. Pimentel had the lead on the 12th and last Senate slot but it was wiped out when votes from Maguindanao, where TU recorded a controversial 12-0 sweep, were canvassed. On Tuesday, Comelec flip-flopped on the proclamation of Zubiri, retracting an earlier announcement that day to proclaim the administration senatorial bet. In a tally provided by the Comelec's Jimenez, Zubiri will lead Pimentel by 18,372 votes. The expected votes to be obtained by Zubiri is 11,001,730, which includes 10,974,477 votes he received based on Comelec Report 29; as well as 13,381 votes in Bais; 12,656 votes in Bogo, Cebu; and 1,216 votes in Pagalungan, Maguindanao. Pimentel, meanwhile, is expected to get 10,983,358 total votes, which includes 10,972,711 based on Report 29; as well as 5,473 votes in Bais; 4,434 votes in Bogo, Cebu; and 740 in Pagalungan, Maguindanao. Jimenez said the yet to be canvassed votes from Tandubas, Tawi-tawi (270 registered voters); Pantar, Lanao del Norte (9,286); and missing election returns from five precinct in Bogo, Cebu (893) will no longer affect Zubiri's ranking. Of the recanvassed votes in the controversy-marred Maguindanao polls, Zubiri received 195,823 votes while Pimentel got 67,111. Adding these to the votes they received from Pagalungan, the administration bet will enjoy a 129,188 lead over the opposition candidate once all the results are made official on the Comelec bulletin. If the Maguindanao votes will not be included in the tally, Pimentel will be on the Magic 12 with 110,861 lead over Zubiri. The Comelec has proclaimed the winners of 11 of 12 contested Senate seats. Elected to six-year terms, they will join 11 incumbent senators. -With reports from Amita Legaspi, GMANews.TV
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