GO says proclaiming 13 winners in Senate race unconstitutional

The Genuine Opposition (GO) said it is “unconstitutional” to proclaim 13 senatorial winners to fill up the Senate seat that will be vacated by incumbent senator and elected Manila Mayor Alfredo Lim.

“On the suggestion by some groups to proclaim 13 senators – it would be unconstitutional because you have to call for a special election to fill a vacancy, which would only be for the unexpired term,” GO spokesman Adel Tamano said yesterday.

Lim relinquishes his seat on June 30 to assume the mayorship of Manila. That will leave the Senate with only 23 members, one short of a full chamber.

Presidential legal counsel Sergio Apostol said the Comelec must “formally announce a vacancy in the Senate and call for a special election” for the position left by Lim before the Fourteenth Congress opens in July.

Tamano added that it would be a disservice to the voting public since the understanding of those who made their choices is that they only need 12 senators.

“Moreover, the voters were asked to fill in only twelve blanks in the ballot so the understanding of the sovereign was that they were only choosing 12 and not 13 members of the upper chamber,” he added.

Apostol also pointed out that during the filing of the certificates of candidacy by the senatorial bets, it was clear that they were vying for 12 available senatorial seats, not 13.

Apostol added only a special election could address the vacancy. He urged the Commission on Elections (Comelec) to act accordingly on the matter.

Administration Team Unity candidate Juan Miguel Zubiri could instantly be part of the Senate if 13 senators are proclaimed winners. He is consistently in 13th place in the Comelec official count as well as in the unofficial tally of the National Citizens’ Movement for Free Elections (Namfrel).