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Samar recall elections likely to push through
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from
NAMFREL Election Monitor Vol.2, No.18
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On August 5, 2011, the Commission on
Elections (COMELEC) signed a ruling dismissing the motion for
reconsideration filed by Samar Governor Sharee Ann Tan, and her
younger brother Vice Governor Stephen James Tan, in connection with
the recall petitions filed by concerned registered voters in the
province.
One Aurelio Bardaje filed the petition against Gov. Sharee Ann Tan
while Elvisa Lopez initiated the petition
against Vice-Governor Stephen Tan. The petition against Gov. Tan,
which was filed on December 7, 2010,
contained 73, 889 signatures of the province’s voters and cited lack
of leadership and graft as the reasons for
the recall. The petition against Vice-Gov. Tan had 73,250
signatures.
The dismissal of the motion would pave the way for the holding of
recall elections in the province. The siblings,
however, vowed to to hold their ground and engage in a legal fight
with the poll body if the need arises. They
claimed that they have already consulted their lawyers on their next
moves.
The Comelec en banc previously declared the petitions for recall
elections against the Tans sufficient in form and
substance. The poll body’s ruling became official on January 12,
2011.
The siblings were reported to have belittled the petitions and the
governor claimed that they still have the
support of their constituents. They filed their motion for
reconsideration on February 23, 2011. Their motion cited
that the petitions filed against them are not sufficient in form and
substance, and added further that the
signatures of voters were obtained by giving out some amount in
exchange for signing the petitions.
Samar Provincial Election Supervisor Corazon Montallana said that a
copy of the August 5, 2011 en banc
resolution will be given to the Tans’ camps at the soonest possible
time. “I received a copy of the en banc
resolution this Friday, suggesting that the petition for recall
against the governor and the vice governor of Samar
is sufficient. This means this will continue,” Montallana was quoted
as saying in a newspaper report.
The Local Government Code of 1991 provides that “no recall shall
take place within one (1) year from the date of
the official’s assumption to office or one (1) year immediately
preceding a regular local election.” But gathering of
signatures which would cause holding of special elections is not
prohibited, as pointed out by Comelec regional director Jose Nick
Mendros.
This is also the provision that Montallana cited when asked when the
recall elections would be held. She further
added that the recall elections can also take place one year before
another regular election is conducted.
The Comelec is expected to come out with a resolution setting the
date for the recall elections. |
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