IN THE MATTER OF THE REQUEST FOR THE CONDUCT OF FORMAL INVESTIGATION ON THE ALLEGED PRE-ENCODED RULINGS IN THE VERIFICATION PROCEEDINGS THAT WERE ALLEGEDLY DISTRIBUTED TO THE ELECTION OFFICERS OF SAID PROVINCE, IN CONNECTION WITH THE PETITION FOR RECALL OF BULACAN GOVERNOR WILHELMINO SY-ALVARADO
This Pertains to the Memorandum dated April 13, 2015 of Acting Chairman Christian Robert S. Lim referring the Letter of Bulacan Governor Wilhelmino Sy-Alvarado requesting the conduct of formal investigation on the alleged pre-encoded rulings in the verification proceedings that were allegedly distributed to the Election Officers of said province, in connection with the Petition for Recall against him.
The Letter of Governor Sy-Alvarado reads:
"I write you in relation to my letter to Director Temie P. Lambino, the Acting Provincial election Supervisor of Bulacan, on April 1, 2015, vis-à-vis the pre-encoded Rulings that were distributed by some individuals to each and every Election Officer of the Province of Bulacan. These pre-encoded Rulings contained names and rulings for every petitioner's signature/thumbmark that was objected to by my lawyers and representatives in the verification stage of the recall against me.
In reply to my letter, Director Lambino expressed his assurance that his office will conduct an investigation on the distribution of the pre-encoded Rulings to the Election Officers of Bulacan upon a formal directive of the Honorable Comelec En Banc. It is in this certitude that I, with utmost respect, request that Honorable Comelec En Banc that a resolution will be issued for the formal investigation on this nefarious act. This kind of depraved act shall not be tolerated by the Honorable Comelec En Banc because it destroys the very essence and foundation of democracy. I am enclosing to this letter my letter on April 1, 2015 to Director Lambino and his reply dated April 6, 2015.
A lot of information on the existence of USBs were gathered by my office today from the members of the media who interviewed the Election Officers of Bulacan, who attended a meeting at the Provincial Comelec Office. The members of the media informed by the Election Officers that they received USBs containing RULINGS from Atty. Maria Bernadette Sardillo and other lawyers of the petitioner. Some Election Officers refused to accept these USBs for they considered that the mere acceptance is illegal and unethical. For some who received the USBs, these Election Officers chose not to use these after they got hold of the letter that i furnished them.
The existence and distribution of these USBs will prove the purpose of the hasty filing of the motion to terminate the verification on March 31, 2015 that was granted by Honorable Acting Chairman. It was the grand design of the petitioner through Atty. Maria Bernadette Sardillo to end the verification short of one day and bring into play the USBs containing the pre-encoded Rulings of every city and municipality on April 1, 2015 or within the 24 hour submission of EOs' rulings. Unfortunately for the petitioner, this brazen plan was uncovered before it was completely executed.
The mere existence of the USBs and the information from the Election Officers of Bulacan that they received USBs will plainly present a case worthy of a formal investigation. It is in this respect that I beg the indulgence of the Honorable Acting Chairman and the Honorable Commissioners that a formal investigation will be conducted on these pre-encoded Rulings. This investigation must include Atty. Maria Bernadette Sardillo and other lawyers of the petitioner and the Election Officers of Bulacan especially that of Hagonoy, Malolos City and Pulilan who made use of encoded Rulings."
After due deliberation, the Commission RESOLVED, as it hereby RESOLVES, to refer the matter to the Law Department, with instruction to conduct a fact-finding investigation on the circumstances surrounding the alleged pre-encoded rulings in the verification proceedings that were allegedly distributed to the Election Officers of said province, in connection with the Petition for Recall of Bulacan Governor Wilhelmino Sy-Alvarado.
Let the Law Department implement this Resolution.
SO ORDERED.
SIGNED:
- LIM, CHRISTIAN ROBERT S., Acting Chairman
- PARREÑO, AL A., Commissioner
- GUIA, LUIE TITO F., Commissioner
- LIM, ARTHUR D., Commissioner