NAGA CITY - City Prosecutor Romeo Tayo, vice chair of the Board of Canvassers (BOC) here, is questioning the proclamation of fifth time re-elected Mayor Jesse Robredo on procedural basis.

        Tayo, who did not contest the overwhelming votes Robredo garnered against opponent Jojo Villafuerte, said he was following the procedures stated in Section 39 of Commission on Election (Comelec) Resolution Number 7859.

        The city prosecutor said that following the procedures they were bound by the Comelec resolution to defer the proclamation of Robredo because of the appeal the lawyers of Villafuerte filed before the commission.

        He said the BOC dismissed the two motions filed by the lawyers of Villafuerte which he said were all done through verbal and written communications.

        Tayo said one motion filed was to stop the canvassing and another one to declare the proceedings illegal.

        He said the BOC reached a consensus to dismiss the two motions filed but the lawyers of Villafuerte were able to file an appeal before the Comelec en banc.

        Meanwhile, Bicol Mail obtained a copy of Resolution No. 8062 promulgated May 18, 2007 by the Comelec en banc adopting policy guidelines on, among others, the proclamation of winning candidates with pending disqualification cases.

        The resolution clearly provides that “there shall be no suspension of proclamation of winning candidates with pending disqualification cases, before and after elections, involving issues of citizenship, non-residency, not being a registered voter, nuisance candidate, and/or violation of the election laws under Section 68 of the Omnibus Elecetion Code, Fair Elecetions Act and other related election laws.”

        It added that suspension of canvassing and/or proclamation may only be suspended in the following instances: where there is illegal composition or proceedings of the BOC, and; where there is failure of elections in the area involved.Tayo said the lawyers of Villafuerte have provided them a verbal and written communications regarding their appeal which enjoined them to follow the appropriate procedures.

        “My position was to hold in abeyance the proclamation of the mayoral position in order not to preempt the conclusion of the same issue that the Comelec en banc has to decide,” he explained.

        Tayo said that the lawyers of Villafuerte only wanted to defer the proclamation of mayoral position and the positions of vice mayor and city councilors were not included for deferment.

        The prosecutor said that after the official election returns have been tallied each one of them in the BOC was required to issue their judgment regarding the proclamation of the mayoral position.

        He said that Dr. Evangeline Palencia, a member of the three-person BOC, and himself decided against the automatic proclamation of Robredo because of the appeal already submitted to the Comelec en banc for decision.

        Tayo said lawyer Maico Julia, chair of the BOC in Naga City, made a position that the winner in the official canvassing must be immediately proclaimed.

        The prosecutor said that following the rule on a collegial body, the BOC must reach consensus in all its decision so that he said that without the consensus no candidate can be proclaimed.

        “I move for an adjournment of the canvassing without the proclamation and Dr. Palencia and I left. I was surprised when Atty. Julia proclaimed Mayor Robredo later while we were not there,” he said.

        Tayo claimed that Julia was asked by Robredo to proclaim him after they left even though there was no consensus to proclaim the mayoral position pending resolution of appeal submitted to the Comelec en banc.

        But Julia denied he was influenced by any one when he proclaimed Robredo.

        “It’s my own decision to proclaim based on law. No person influenced me,” the city election supervisor told the Bicol Mail.

        Tayo further claimed that several days later after the proclamation on May 18, he saw the Special Weapons and Tactics (Swat) team accompanying persons allied with Robredo to pressure Palencia to affix signature on the proclamation paper.

        He said Palencia could have been pressured to affix her signature on the proclamation.