Department of Justice Secretary Leila de Lima’s gesture during press conference on Mamasapano incidence that killed 44 SAF troopers on Tuesday at the DOJ Office. The DOJ filed criminal cases against MILF and BIFF members involved in the killings. (MNS Photo)
MANILA (Mabuhay) — Former Justice Secretary and senatorial candidate Leila de Lima on Thursday said there is no ground for ex-Metropolitan Manila Development Authority chairman Francis Tolentino to file a petition stopping her proclamation and those of other candidates.
“I used to be an election lawyer so I know exactly what are the proper grounds for a petition like that. Ang pagkakaalam ko po, malinaw po ‘yan sa batas at sa NBOC [National Board of Canvassers] rules, na wala po tayong tinatawag na pre-proclamation controversies when it comes to senatorial and party-list candidates,” De Lima said.
“Hindi pwedeng mag-entertain ng pre-proclamation controversies maliban na lang sa manifest error. Even assuming na allowed ang pre-proclamation controversies, I don’t see any applicable ground po sa batas,” she said.
De Lima added that pre-proclamation controversies cover the genuineness, authenticity, and completeness of papers, “na walang falsified diyan na canvass or documents.”
On Wednesday, Tolentino asked the Supreme Court to stop the Commission on Elections from proclaiming the winning senatorial candidates ranking 10th to 12th, saying there is “data manipulation” that has compromised the poll results.
Tolentino, an independent candidate, is ranked 13th in the partial and unofficial count conducted by the accredited poll watchdog, the Parish Pastoral Council for Responsible Voting.
De Lima, on the other hand, is ranked 12th.
Tolentino asked the SC to direct the Comelec to open the automated election system to forensic audit and investigation to determine the nature, extent, effect, and consequences of the unauthorized manipulation of the system made by Marlon Garcia of Smartmatic, which is the systems provider for the recently concluded polls.
De Lima said the change done by Smartmatic to correct the “ñ” error is “very benign, very minor change.”
“Wala namang indikasyon na it affected or altered the data of the votes,” De Lima said.
She added that one should not go directly to the SC without exhausting the remedies available through the lower courts.
De Lima also noted that Tolentino did not file a complaint before the NBOC or Comelec about the matter.
Despite the recent turn of events, De Lima said Tolentino is still a friend. “Chair Francis is actually a friend. I consider him a friend. I think he was ill-advised here,” she said.
The former Cabinet official said Tolentino should just accept that he has lost.
De Lima said she has a comfortable or safe margin of 1.3 or 1.4 million. “Very safe ang aking margin.”
“Siguro, kung gusto niyang magpursigi (sa electoral protest), pagtapos na lang po ng proclamation,” she said.
The Comelec was set to proclaim the winning senatorial candidates on Thursday afternoon at 3 p.m. (MNS)