The Commission on Elections (Comelec) need not make an issue on whether Sen. Miriam Defensor-Santiago should resign soon or that her replacement be among those to be elected in next year’s senatorial polls.
Sen. Franklin Drilon made the assertion yesterday as he assailed Comelec Chairman Sixto Brillantes for supposedly pressuring Santiago to decide on her resignation in order for the poll body to be guided as to whether to prepare the printing of ballots carrying 13 slots for senatorial candidates or the usual 12.
“Whoever will end up being ranked as the 13th elected senator will not be proclaimed (by the Comelec) until Miriam (Santiago) assumes her post,” the senator said in an interview with dwIZ, referring to the woman colleague’s impending departure from the upper chamber, having been elected last year as one of the new judges in the prestigious International Criminal Court (ICC) in The Hague, The Netherlands.
“She does not need to resign now as pointed out by her and the (Comelec) can have the counting machines read 13 of the candidates who made it in the elections,” he added.
Drilon came to the defense of Santiago in the light of the “ultimatum” given by Brillantes to the latter and in which the woman senator responded by saying that she is not about to resign anytime soon.
“I will not resign from the Senate, until the ICC calls me to duty.  Hence, I respectfully submit that even only out of prudence, the 2013 ballot should list only 12 vacancies for senators,” Santiago said in her letter to the poll body executive dated July 4, adding that even the international court does not know when she will be needed to dispose of her duties as a judge.
“There’s no reason why the Comelec has to pressure Santiago. I don’t see any basis on the claims made by Brillantes, that the senator has to decide soon,” Drilon said.
Drilon pointed out that the precinct count optical scanner (PCOS) machines can be made to count 13 winning senators but only 12 will be proclaimed while Santiago remains in her post.
“That’s not really a problem. I do not know why they’re making a problem out of the situation. If she is not yet resigning then we don’t have to proclaim (the 13th winning senator) but they have to count the winning candidates up to the person ranked 13th (in the senatorial race).  I may not be an IT (information technology) expert, but that’s how I see it, it should not pose a problem to them,” he said.
Drilon further criticized Brillantes’ assertion on the issue, pointing out that it is the poll body and not the PCOS machines that is mandated by law to “proclaim” the winners in an electoral exercise.
“The PCOS machines are meant to count only the votes. The Comelec can have the PCOS machines configured to determine the 13 winning senators or for it to read that voters need to cast their vote for 13 slots from among the candidates,” he said.
But until and unless Santiago has taken her oath on her position at the ICC, the Comelec can not proclaim the senator who will occupy her unused term, Drilon said.
“So it’s also incorrect for the Comelec to say that they can resort to manual counting of 13th winning senator if Santiago will not be able to meet their deadline they set for her to decide whether she will be resigning anytime soon. This is utterly wrong,” the senator said in coming to the defense of his fellow Ilonggo.
Drilon said he intends to write a letter to Brillantes on the most logical step or arrangement to prevent any “complications” on the impending vacancy in the upper chamber.
But as to the 13th elected senator being the one who will exert pressure on Santiago, Drilon said it will be an entirely different issue.