Tolentino violated sub judice rule on poll protest, De Lima says
Former Metropolitan Manila Development Authority chairman Francis Tolentino got 12,518,891 votes, more than a million fewer than Sen. Leila de Lima, who clinched the 12th spot. Philstar.com/AJ Bolando, File photo
MANILA, Philippines — Sen. Leila De Lima wants defeated senatorial candidate Francis Tolentino cited in contempt for speaking about, and allegedly misleading the public, on an ongoing electoral protest.
De Lima, on Tuesday, filed a five-page motion to cite Tolentino in contempt for violating the sub judice rule in his petition challenging De Lima's senatorial win in 2016.
SC jurisprudence holds that participants in a case are "restricted from comments and disclosures pertaining to pending judicial proceedings."
Tolentino, now a presidential political adviser, is contesting De Lima's electoral victory.
She took the 12th vacant senatorial seat, while he placed 13th in the race.
The recount on the contested ballots started Wednesday, October 18.
Tolentino, on October 20, was quoted in news reports saying: "There are ballots for 2013 elections. We are referring to the 2016 elections. So, we are questioning why several ballot boxes contain 2013 ballots."
READ: Tolentino: Poll protest vs De Lima gaining steam
De Lima pointed out that Tolentino's statement "serves no purpose but to mislead the public and this tribunal."
She said Tolentino "and his entire revision team knew that only one ballot box pertaining to Clustered Precinct No. 60030008 of Calbayog City, Western Samar referred to the 2013 elections. But by impressing upon the public that 2013 ballots are mixed up with the 2016 ballots, protestant Tolentino is trying to insinuate fraud and irregularity that is not really there," De Lima's motion reads.
The senator also pointed out that Tolentino stressed the "statistical improbability" of his getting zero votes in some contested areas. De Lima earlier argued that "the doctrine of statistical improbability does not apply" in their case.
"When protestant Tolentino makes false and misleading utterances, the integrity of the Tribunal's proceedings is put in question. Such public utterances also tend to violate the sub judice rule," the motion reads.
The senator then asked the high court, sitting as the SET, to cite the former Metro Manila Development Authority chairman in contempt.
READ: Irregularities uncovered during SET ballot recount vs De Lima
De Lima won the last seat in the Senate with 13,793,947 votes, while Tolentino came in next with 12,518,891 votes.
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