Metro Manila (CNN Philippines, October 25) — Detained senator Leila de Lima on Tuesday asked the Senate Electoral Tribunal (SET) to cite in contempt losing senatorial candidate Francis Tolentino for discussing a case pending before the tribunal.
In a 5-page motion filed through her lawyer Teddy Rigoroso, De Lima said Tolentino violated the sub judice rule after he made “misleading” statements about the 2016 elections, which was picked up by three newspapers.
The sub judice rule means no comments and disclosures should be made about ongoing cases “to avoid prejudging the issue, influencing the court, or obstructing the administration of justice.”
The SET started the manual recount of ballots for Tolentino’s protest on October 18.
On October 20, Tolentino allegedly told reporters that 2013 ballots were found inside 2016 ballot boxes from Calbayog, Samar.
In her motion, De Lima said the statement “served no purpose but to mislead” the public and the SET.
“Protestant Tolentino and his entire revision team knew that only one (1) ballot box pertaining to Clustered Precinct No. 60030008 of Calbayog City, Western Samar referred to the 2013 elections,” said De Lima.
“By impressing upon the public that 2013 ballots are mixed up with the 2016 ballots, protestant Tolentino is trying to insinuate fraud or irregularity that is not really there,” she added.
De Lima also countered Tolentino’s claims it was “statistically improbable” that he got zero votes in some parts of Mindanao areas despite winning in their provinces.
“The doctrine of statistical improbability does not apply especially since she also garnered zero votes in the same precincts that protestant Tolentino identified as his pilot precincts,” the Senator said.
Tolentino told media he got zero votes in Turtle Island in Tawi-tawi; Isabela City, Sumisip, and Tabuan-Lasa in Basilan; and Parang and Matanong in Maguindanao.
Speaking to CNN Philippines, Tolentino said he has yet to receive a copy of the complaint.
Tolentino filed an electoral protest on October 2016 after he ended up on the 13th place of the 2016 senatorial race.
De Lima took the last spot, with an edge of around 1.3 million votes against the former Metro Manila Development Authority chair.
