SC orders Comelec to comment on Tinga petition

The Supreme Court has ordered the Commission on Elections to comment on the petition filed by retired SC Associate Justice Dante Tinga questioning a Comelec resolution dismissing his election protest against Taguig City Mayor Lani Cayetano.

In a one-page resolution dated January 15, 2013 and signed by Clerk of Court Atty. Enriqueta Vidal, the SC directed the Comelec to submit its comment within 10 days upon notice.

In his petition for certiorari and mandamus, Tinga questioned the resolution of the Comelec Second Division which was formerly chaired by retired Commissioner Rene Sarmiento.

Tinga argued the Comelec resolution was questionable because the Comelec merely dismissed the election protest based only on the image in the compact flash cards and without opening even a single ballot included in the protest.

Aside from these, Tinga said the Comelec resolution can be considered invalid because there was no "quorum" when the case was decided upon such that only three of the seven members of the Comelec en banc participated during the deliberation.

It was gathered four Comelec commissioners inhibited themselves from Tinga's election protest. (PNA)