''
Aquilino Pimentel III
Aquilino Martin de la Llana Pimentel III (born January 20, 1964), commonly known as Koko Pimentel, is a Filipino politician and lawyer serving as the Senate Minority Leader since 2022. He has been a Senator since 2011 and previously served as t ...
versus
Juan Miguel Zubiri
Juan Miguel "Migz" Fernandez Zubiri (; born April 13, 1969) is a Filipino businessman and politician serving as the President of the Senate of the Philippines, Senate President of the Philippines since July 25, 2022. Since 2016, he has been on ...
'' better known as ''Pimentel v. Zubiri'' is a SET Case No. 001-07 that resolved the election protest filed by
Koko Pimentel
Aquilino Martin de la Llana Pimentel III (born January 20, 1964), commonly known as Koko Pimentel, is a Filipino politician and lawyer serving as the Senate Minority Leader since 2022. He has been a Senator since 2011 and previously served as t ...
after the proclamation of
Juan Miguel Zubiri
Juan Miguel "Migz" Fernandez Zubiri (; born April 13, 1969) is a Filipino businessman and politician serving as the President of the Senate of the Philippines, Senate President of the Philippines since July 25, 2022. Since 2016, he has been on ...
as senator after the
2007 Philippine Senate election
The 2007 election of members to the Senate of the Philippines was the 29th election to the Senate of the Philippines. It was held on Monday, May 14, 2007, to elect 12 of the 24 seats in the Senate. Together with those elected in 2004, they will co ...
. The
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
Electoral Tribunal (SET) on June 19, 2008, resolved to proceed with the election protest of Pimentel against Senator Zubiri: "Indeed, there is reasonable ground to believe that the outcome of the case could affect the officially proclaimed results of the 12th senatorial position in the
2007 Senate election, hence, the election protest case deserves further proceedings by the tribunal.
On August 3, 2011, Zubiri resigned his Senate seat weeks after former
Autonomous Region in Muslim Mindanao
The Autonomous Region in Muslim Mindanao ( tl, Rehiyong Awtonomo ng Muslim Mindanao; ar, الحكم الذاتي الاقليمي لمسلمي مندناو ''Al-ḥukm adh-dhātī al-'iqlīmī li-muslimī Mindanāu''; abbreviated as ARMM) was ...
governor
Zaldy Ampatuan
Zaldy Uy Ampatuan (born August 22, 1967) is a Filipino convicted mass murderer and former politician. He is one of the main perpetrators of the Maguindanao massacre along with his father, brothers, and nephews.
He served as governor of the Autono ...
and
Maguindanao
Maguindanao (, Maguindanao language, Maguindanaon: ''Prubinsya nu Magindanaw''; Iranun language, Iranun'': Perobinsia a Magindanao''; tl, Lalawigan ng Maguindanao) was a Provinces of the Philippines, province of the Philippines located in the ...
provincial election supervisor revealed the alleged irregularities in the 2007 election at the province.
On August 11, 2011, little more than a week after Zubiri's resignation, the SET proclaimed Pimentel as the 12th winning senator in the 2007 elections. The SET decision was based on the evidence presented by Pimentel in his protest showing many ballots were spurious.
Background
In the
Philippine electoral system under
plurality-at-large voting
Plurality block voting, also known as plurality-at-large voting, block vote or block voting (BV) is a non- proportional voting system for electing representatives in multi-winner elections. Each voter may cast as many votes as the number of sea ...
, a voter can vote up to twelve candidates, with the twelve candidates with the highest number of votes nationwide are elected. The twelve elected senators join the twelve elected senators of
2004 election to sit in the
14th Congress of the Philippines
The 14th Congress of the Philippines (Filipino: ''Ikalabing-apat na Kongreso ng Pilipinas''), composed of the Philippine Senate and House of Representatives, met from July 23, 2007, until June 9, 2010, during the last three years of Gloria Macapa ...
from 2007 to 2010. The seats of the elected senators of 2007 would be next contested in the
2013 election.
The 2007 Senate election was contested mainly by two coalitions: the pro-
Gloria Macapagal Arroyo
Maria Gloria Macaraeg Macapagal Arroyo (, born April 5, 1947), often referred to by her initials GMA, is a Filipino academic and politician serving as one of the Deputy Speaker of the House of Representatives of the Philippines, House Deputy Spe ...
TEAM Unity coalition and the anti-administration
Genuine Opposition
Genuine Opposition (GO) was an electoral alliance in the Philippines that contested the 2007 Philippine general election. The alliance's members were in opposition to President Gloria Macapagal Arroyo. It was originally called the United Opposi ...
(GO) coalition. GO's
Antonio Trillanes
Antonio Fuentes Trillanes IV (; born August 6, 1971) is a retired Philippine naval officer who also served as a senator of the Philippines from 2007 to 2019. He is known for his involvement in the Oakwood mutiny of 2003 and the Manila Peninsula ...
and
Koko Pimentel
Aquilino Martin de la Llana Pimentel III (born January 20, 1964), commonly known as Koko Pimentel, is a Filipino politician and lawyer serving as the Senate Minority Leader since 2022. He has been a Senator since 2011 and previously served as t ...
, and
Juan Miguel Zubiri
Juan Miguel "Migz" Fernandez Zubiri (; born April 13, 1969) is a Filipino businessman and politician serving as the President of the Senate of the Philippines, Senate President of the Philippines since July 25, 2022. Since 2016, he has been on ...
of TEAM Unity were contesting the last two Senate seats. Trillanes was eventually proclaimed as the 11th senator, leaving Pimentel and Zubiri contesting the 12th seat.
Zubiri's proclamation
In the final tally for the 2007 senatorial race by the
Commission on Elections
An election commission is a body charged with overseeing the implementation of electioneering process of any country. The formal names of election commissions vary from jurisdiction to jurisdiction, and may be styled an electoral commission, a c ...
(COMELEC), Zubiri narrowly edged out opposition candidate
Koko Pimentel
Aquilino Martin de la Llana Pimentel III (born January 20, 1964), commonly known as Koko Pimentel, is a Filipino politician and lawyer serving as the Senate Minority Leader since 2022. He has been a Senator since 2011 and previously served as t ...
for the 12th and last slot in the Senate. Zubiri had a total of 11,005,866 votes against Pimentel's 10,984,347 votes. The margin of some 21,519 votes was hotly contested, particularly the votes from the southern Philippine province of
Maguindanao
Maguindanao (, Maguindanao language, Maguindanaon: ''Prubinsya nu Magindanaw''; Iranun language, Iranun'': Perobinsia a Magindanao''; tl, Lalawigan ng Maguindanao) was a Provinces of the Philippines, province of the Philippines located in the ...
, where Pimentel had lost heavily to Zubiri.
Claiming the votes in
Maguindanao
Maguindanao (, Maguindanao language, Maguindanaon: ''Prubinsya nu Magindanaw''; Iranun language, Iranun'': Perobinsia a Magindanao''; tl, Lalawigan ng Maguindanao) was a Provinces of the Philippines, province of the Philippines located in the ...
were tainted, Pimentel petitioned the
Philippine Supreme Court
The Supreme Court ( fil, Kataas-taasang Hukuman; colloquially referred to as the ''Korte Suprema'' lso used in formal writing is the highest court in the Philippines. The Supreme Court was established by the Second Philippine Commission on Ju ...
to invalidate the votes from Maguindanao, effectively disenfranchising a whole province. The Supreme Court voted unanimously 14–0 against Pimentel and allowed the COMELEC to count the votes in Zubiri's favor. Pimentel then returned to the Supreme Court for the second time. This time, he petitioned them to issue a restraining order against the proclamation of Zubiri. After oral arguments however the High Tribunal again voted to uphold the COMELEC's decision to proclaim Zubiri, consequently failing to grant Pimentel's petition. The next day, July 14, 2007, Zubiri was duly proclaimed elected to the
Philippine Senate
The Senate of the Philippines (Filipino language, Filipino: ''Senado ng Pilipinas'', also ''Mataas na Kapulungan ng Pilipinas'' or "upper chamber") is the upper house of Congress of the Philippines, Congress of the bicameral legislature of the ...
., However, the Court's judgment did not prevent Pimentel from bringing his poll protests to the Senate Electoral Tribunal.
Electoral protest
![Pimentel vs](https://upload.wikimedia.org/wikipedia/commons/f/f2/Pimentel_vs._Zubiri_electoral_protest.png)
Pimentel filed the electoral protest to the SET on July 14, 2007, which covered 2,658 precincts, in the provinces of
Maguindanao
Maguindanao (, Maguindanao language, Maguindanaon: ''Prubinsya nu Magindanaw''; Iranun language, Iranun'': Perobinsia a Magindanao''; tl, Lalawigan ng Maguindanao) was a Provinces of the Philippines, province of the Philippines located in the ...
(1,078),
Lanao del Norte
Lanao del Norte ( Cebuano: ''Amihanang Lanao''; tl, Hilagang Lanao; Maranao: ''Pangotaraan Ranao''), officially the Province of Lanao del Norte, is a province in the Philippines located in the Northern Mindanao region. Its capital is Tubod.
T ...
(496),
Shariff Kabunsuan
Shariff Kabunsuan was a short-lived province of the Philippines within the Autonomous Region in Muslim Mindanao (ARMM) that existed from 2006 to 2008. Its designated seat of government was Datu Odin Sinsuat. Initially comprising ten municipalit ...
(291),
Basilan
Basilan, officially the Province of Basilan ( cbk, Provincia de Basilan; yka, Wilayah Basilanin; tsg, Wilaya' sin Basilan; fil, Lalawigan ng Basilan), is an island province of the Philippines located primarily in the Bangsamoro Autonomous Re ...
(134),
Sultan Kudarat
Sultan Kudarat, officially the Province of Sultan Kudarat ( hil, Kapuoran sang Sultan Kudarat; Maguindanaon: ''Dairat nu Sultan Kudarat'', Jawi: دايرت نو سلطان كودرت; ceb, Lalawigan sa Sultan Kudarat; tl, Lalawigan ng Sul ...
(282),
Lanao del Sur
Lanao del Sur ( tl, Timog Lanao; Maranao and ilp, Pagabagatan Ranao), officially the Province of Lanao del Sur, is a province in the Philippines located in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM). The capital is the city of ...
(161) and
Sulu
Sulu (), officially the Province of Sulu (Tausug language, Tausūg: ''Wilāya sin Lupa' Sūg''; tl, Lalawigan ng Sulu), is a Provinces of the Philippines, province of the Philippines in the Sulu Archipelago and part of the Bangsamoro, Bangsamor ...
(216). Zubiri then filed a counter-protest on 73,265 precincts.
On January 1, 2008, Pimentel made a statement that he now leads Zubiri by 12,000 votes after all ballot boxes from
Sultan Kudarat, Maguindanao
Sultan Kudarat, officially the Municipality of Sultan Kudarat ( Maguindanaon: ''Inged nu Sultan Kudarat''; Iranun: ''Inged a Sultan Kudarat''; tl, Bayan ng Sultan Kudarat), is a 1st class municipality of the province of Maguindanao del Norte, Ph ...
to be empty: hence all votes for all candidates, including Pimentel's and Zubiri's were wiped out. Zubiri led Pimentel by 31,000 votes in that municipality. Zubiri's lawyers then stated that they will contest the exclusion of the votes from Sultan Kudarat, citing Lerias v. House of Representatives Electoral Tribunal, where the
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
allowed the use of other election documents when contested ballots are missing.
On March 14, 2008, the Supreme Court in a 40-page decision penned by Associate Justice
Minita Chico-Nazario
Minita Chico-Nazario (December 5, 1939 – February 16, 2022) was an Associate Justice of the Supreme Court of the Philippines, Associate Justice of the Supreme Court of the Philippines. She was appointed to the court by President of the Philippi ...
, dismissed
Koko Pimentel
Aquilino Martin de la Llana Pimentel III (born January 20, 1964), commonly known as Koko Pimentel, is a Filipino politician and lawyer serving as the Senate Minority Leader since 2022. He has been a Senator since 2011 and previously served as t ...
's petition to stop the Commission on Elections from canvassing votes from the province of
Maguindanao
Maguindanao (, Maguindanao language, Maguindanaon: ''Prubinsya nu Magindanaw''; Iranun language, Iranun'': Perobinsia a Magindanao''; tl, Lalawigan ng Maguindanao) was a Provinces of the Philippines, province of the Philippines located in the ...
, a definite morale booster for Senator Zubiri.
Pimentel issued another statement in July 2009 stating that he now has a 96,400-vote lead in the recount. Pimentel stated that 98.15% of the votes in the six of nine of Pimentel's pilot municipalities were spurious. Zubiri countered that since the SET allowed the revision of votes on Pimentel's protest, the same should also be done on his counter-protest. In his counter-protest that mostly
Metro Manila
Metropolitan Manila (often shortened as Metro Manila; fil, Kalakhang Maynila), officially the National Capital Region (NCR; fil, link=no, Pambansang Punong Rehiyon), is the capital region, seat of government and one of three List of metrop ...
, he said that while Pimentel has a 96,400 vote-lead in his protest, Zubiri's counter-protest has him leading by 132,014 votes in Metro Manila, a net lead of 17,913 votes for Zubiri.
After the
2010 Senate election, the SET with its new composition allowed Zubiri to expand the scope of his counter-protest. Pimentel appealed the decision, which allowed the scrutiny of 52,000 ballot boxes, a process that "could take more than six years," noted SET chairman
Antonio Carpio
Antonio Tirol Carpio (; born October 26, 1949) is a former associate justice of the Supreme Court of the Philippines. He was sworn in as member of the High Court by President Gloria Macapagal Arroyo on October 26, 2001, and served until his ret ...
who dissented on the decision. The vote was seen as political maneuvering in the then-upcoming election for the Senate President.
Revelations of Bedol and Ampatuan
In July 2011, former Maguindanao election supervisor Lintang Bedol and suspended
Autonomous Region in Muslim Mindanao
The Autonomous Region in Muslim Mindanao ( tl, Rehiyong Awtonomo ng Muslim Mindanao; ar, الحكم الذاتي الاقليمي لمسلمي مندناو ''Al-ḥukm adh-dhātī al-'iqlīmī li-muslimī Mindanāu''; abbreviated as ARMM) was ...
governor
Zaldy Ampatuan
Zaldy Uy Ampatuan (born August 22, 1967) is a Filipino convicted mass murderer and former politician. He is one of the main perpetrators of the Maguindanao massacre along with his father, brothers, and nephews.
He served as governor of the Autono ...
revealed that there was massive election fraud during the 2007 election. SET member
Francis Pangilinan
Francis Pancratius "Kiko" Nepomuceno Pangilinan (; born August 24, 1963) is a Filipino lawyer, politician, and farm owner who served as a Senator from 2001 to 2013 and from 2016 to 2022. He was the Senate Majority Leader from 2004 to 2008.
A ...
urged Ampatuan and others who knew of alleged election cheating to submit affidavits to the SET, noting though that these new revelations won't necessarily speed up the resolution of the protests.
On August 3, 2011, Zubiri resigned as a senator, insisting that he did not cheat or asked anyone to cheat for him in the 2007 election. Zubiri cited the issue dividing the nation and placing doubts on the electoral system as the reason for his resignation. Pimentel was dismayed in Zubiri's insistence that the allegations of election fraud were unfounded, adding that the SET should proclaim a new senator as Zubiri's resignation makes his counter-protest "moot and academic." Senate President
Juan Ponce Enrile
Juan Valentin Furagganan Ponce Enrile Sr., (born Juanito Furagganan; February 14, 1924), also referred to by his initials JPE, or Manong Johnny, is a Filipino politician and lawyer known for his role in the administration of Philippine dicta ...
immediately announced that he will study on what to do next as there is no precedent; Senator
Francis Escudero
Francis Joseph "Chiz" Guevara Escudero (, born October 10, 1969) is a Filipino lawyer and politician serving as a Senator since 2022, and previously from 2007 to 2019. He recently served as governor of Sorsogon from 2019 to 2022, and was the re ...
, on the other hand, said that Zubiri's resignation is effective immediately, citing instances where senators left office to accept other positions such as when
Raul Manglapus
Raul Sevilla Manglapus (October 20, 1918 – July 25, 1999) was a prominent post–World War II Filipino politician and songwriter. He co-founded the reformist Progressive Party of the Philippines and the Christian Democratic Socialist Movement i ...
became
Foreign Affairs Secretary,
Alfredo Lim
Alfredo "Fred" Siojo Lim Jr.. (; December 21, 1929 – August 8, 2020) was a Filipino politician and police officer who served as a Senator of the Philippines from 2004 to 2007. He also served as the Mayor of Manila twice: first from 1992 to 19 ...
became
Mayor of Manila
The City Mayor of Manila ( fil, Punong Lungsod ng Maynila, sometimes referred to as, ''Alkalde ng Maynila'') is the head of the executive branch of Manila's city government. The mayor holds office at Manila City Hall. Like all local government he ...
,
Teofisto Guingona
Teofisto "Tito" Tayko Guingona Jr. (born July 4, 1928) is a Filipino politician and diplomat who served as the 11th vice president of the Philippines from 2001 to 2004, during the first term of President Gloria Macapagal Arroyo. Born in San ...
became vice president, and when then-Senator Aquino was inaugurated as president.
Ampatuan and Bedol agreed with Zubiri's resignation; Ampatuan said that Zubiri was affected by his conscience.
Commission on Elections
An election commission is a body charged with overseeing the implementation of electioneering process of any country. The formal names of election commissions vary from jurisdiction to jurisdiction, and may be styled an electoral commission, a c ...
Chairman
Sixto Brillantes
Sixto Serrano Brillantes Jr. (, August 14, 1939August 11, 2020) was a Filipino election lawyer who was the chairman of the Commission on Elections from 2011 to 2015. He was appointed by President Benigno Aquino III on January 16, 2011 to serve ...
said that the resignation implies that fraud did occur in 2007 and that will benefit Pimentel. The Office of the President and Vice President
Jejomar Binay
Jejomar "Jojo" Cabauatan Binay Sr. (born Jesus Jose Cabauatan Binay; November 11, 1942) is a Filipino lawyer and politician who served as the 13th vice president of the Philippines from 2010 to 2016, under President Benigno Aquino III.
A hu ...
sent their well wishes to Zubiri commending his contributions at the Senate.
Zubiri announced his intention to withdraw his counter-protest so that the SET can resolve Pimentel's counter-protest immediately. On August 11, 2011, four years after the election, the tribunal proclaimed Pimentel as the winner, with Pimentel getting 10,898,786 votes while Zubiri got 10,640,620. Pimentel was sworn into office in
Mati, Davao Oriental
Mati, officially the City of Mati ( ceb, Dakbayan sa Mati; fil, Lungsod ng Mati), is a 5th class component city and capital of the province of Davao Oriental, Philippines. According to the 2020 census, it has a population of 147,547 people.
...
, by
Davao Oriental
Davao Oriental ( Cebuano: ''Sidlakang Dabaw''; tl, Silangang Davao), officially the Province of Davao Oriental, is a province in the Philippines located in the Davao Region in Mindanao. Its capital is city of Mati, and it borders the province o ...
Governor
Corazon Nunez-Malanyaon; it was in Davao Oriental where Pimentel finished second in the election, his highest rank among the provinces.
Pimentel and Zubiri reconciliation
In
2013
File:2013 Events Collage V2.png, From left, clockwise: Edward Snowden becomes internationally famous for leaking classified NSA wiretapping information; Typhoon Haiyan kills over 6,000 in the Philippines and Southeast Asia; The Dhaka garment fact ...
, Pimentel opted to run under the banner of the Administration Party
Team PNoy
Team PNoy, formerly known as the LP–Akbayan–NPC–NP–LDP Coalition, was a political umbrella coalition in the Philippines, originally formed to support the administration-backed senatorial line-up for the 2013 Philippine Senate election. Tea ...
as Pimentel uncomfortable to run along with Zubiri to the
United Nationalist Alliance
The United Nationalist Alliance (UNA; ) is a political party in the Philippines. It was created as a multi-party electoral alliance replacing the former United Opposition (UNO) coalition for the 2013 midterm elections, before it was launche ...
, Pimentel Won as 8th placer. In
2016
File:2016 Events Collage.png, From top left, clockwise: Bombed-out buildings in Ankara following the 2016 Turkish coup d'état attempt; the impeachment trial of Brazilian President Dilma Rousseff; Damaged houses during the 2016 Nagorno-Karabakh ...
, Pimentel and Zubiri reconciled to support the candidacy of then Mayor
Rodrigo Duterte
Rodrigo Roa Duterte (, ; born March 28, 1945), also known as Digong, Rody, and by the initials DU30 and PRRD, is a Filipino lawyer and politician who served as the 16th president of the Philippines from 2016 to 2022. He is the chairperson ...
who won.
Results
Members of the Senate Electoral Tribunal
See also
*
1947 Philippine Senate election:
Eulogio Rodriguez, Sr. won in a successful protest case, unseating Carlos Tan in 1949.
*
1949 Philippine Senate election:
Claro M. Recto
Claro Mayo Recto Jr. (born Claro Recto y Mayo; February 8, 1890 – October 2, 1960) was a Filipino politician, jurist, and poet. He is remembered for his nationalism, for "the impact of his patriotic convictions on modern political though ...
won in a successful protest case, unseating Teodoro de Vera in 1952.
References
{{Reflist
External links
Official website of the Senate Electoral TribunalDecision of the SETWebsite of Aquilino Pimentel III's protest
Political scandals in the Philippines
2011 in case law
2011 in the Philippines
Election law
2007 Philippine general election
Electoral fraud in the Philippines