ERNANI T.

TADILI LEGAL FORMS

Aquilino Pimentel III,
Petitioner,

-versus-
The Commission on Elections Sitting
as the National Board of Canvassers,
The Special Provincial Board of Canvassers
for Maguindanao Chaired by Atty. Emilio
S. Santos, and Juan Miguel F. Zubiri,
Respondents.

Synopsis: Petition for Certiorari under Rule 65

The petition originated from the 2007 national elections for
senatorial post. At the time of petitions, the top 11 candidates were already
proclaimed except for the last remaining post, where Pimentel and Zubiri
were at tight competition.

The COMELEC acting as the national board of canvassers continued
to canvass to determine the twelve senatorial post winners.

Pimentel assailed the proceeding of the NBC because according to
him, the certificate of canvass and other related electoral documents were
tainted with fraud, irregularities and statistical improbabilities. However,
the National Board of Canvassers disallowed the raising of questions on the
Certificates of Canvass, and also the NBC failed to establish and fully
determine the due executions andauthenticity of the COCs and MCOCs,
hence the petition for certiorari and mandamus on the following grounds,
to wit:

A. The petitioners was denied due process of law when he
disallowed the opportunity to raise question on the COCs; and

B. The NBC acted with manifested grave abuse of discretion when it
refused to exercise its broad, plenary powers in fully ascertaining
due execution, authenticity and fitness for the canvassers of the
MCOCs collected by the COMELEC.