Philippine presidential election, 2004
Encyclopedia
The Philippine presidential and vice presidential elections of 2004 was held on Monday, May 10, 2004. In the presidential election, incumbent president Gloria Macapagal-Arroyo
Gloria Macapagal-Arroyo
Gloria Macapagal-Arroyo is a Filipino politician who served as the 14th President of the Philippines from 2001 to 2010, as the 12th Vice President of the Philippines from 1998 to 2001, and is currently a member of the House of Representatives representing the 2nd District of Pampanga...

 successfully won a full six-year term as President
President of the Philippines
The President of the Philippines is the head of state and head of government of the Philippines. The president leads the executive branch of the Philippine government and is the commander-in-chief of the Armed Forces of the Philippines...

, with a margin of just over one million votes over her leading opponent, highly popular movie actor Fernando Poe, Jr.
Fernando Poe, Jr.
Ronald Allan Poe y Kelley , better known as Fernando Poe, Jr. and colloquially known as FPJ and Da King, was a Filipino actor and cultural icon. From the 1950s, Poe played steadfast film heroes who fight for the common man, which won him respect and admiration...

. The 3.48% margin of victory is the closest margin in Philippine presidential election history.

The elections were notable for several reasons. This election first saw the implementation of the Overseas Absentee Voting Act of 2003 (see Wikisource), which enabled Filipinos in over 70 countries to vote. This is also the first election since the 1986 People Power Revolution where an incumbent President ran for re-election. Under the 1987 Constitution
Constitution of the Philippines
The Constitution of the Philippines is the supreme law of the Philippines.The Constitution currently in effect was enacted in 1987, during the administration of President Corazon Aquino, and is popularly known as the "1987 Constitution"...

, an elected president cannot run for another term. However, Arroyo was not elected president, but instead succeeded ousted President Joseph Estrada
Joseph Estrada
Joseph "Erap" Ejercito Estrada was the 13th President of the Philippines, serving from 1998 until 2001. Estrada was the first person in the Post-EDSA era to be elected both to the presidency and vice-presidency.Estrada gained popularity as a film actor, playing the lead role in over 100 films in...

, who was impeached with charges of plunder and corruption in 2000 and later convicted of plunder (but received conditional pardon from Arroyo).

Moreover, this was the first time since 1986 that both the winning president and vice president were under the same party/coalition. This election was also held at a period in modern Philippines marked by serious political polarization. This resulted in lesser candidates for the Presidential and Vice Presidential elections compared to the 1992
Philippine general election, 1992
The senatorial election was held in the Philippines on May 11, 1992. This was the first general election under the 1987 Philippine Constitution. An estimated 80,000 candidates ran for 17,000 posts from the presidency down to municipal councilors...

 and 1998
Philippine general election, 1998
The senatorial election was held in the Philippines on May 11, 1998. The two main competing coalitions in the senatorial election were the Lakas-NUCD-UMDP and the Laban ng Makabayang Masang Pilipino -led coalition composed of the Laban ng Demokratikong Pilipino , Pwersa ng Masang Pilipino , the...

 elections.

Background

The political climate leading up to the 2004 elections was one of the most emotional in the country's history since the 1986 elections that resulted in the exile of Ferdinand Marcos
Ferdinand Marcos
Ferdinand Emmanuel Edralin Marcos, Sr. was a Filipino leader and an authoritarian President of the Philippines from 1965 to 1986. He was a lawyer, member of the Philippine House of Representatives and a member of the Philippine Senate...

. Philippine society has become polarized between the followers of former president Joseph Estrada
Joseph Estrada
Joseph "Erap" Ejercito Estrada was the 13th President of the Philippines, serving from 1998 until 2001. Estrada was the first person in the Post-EDSA era to be elected both to the presidency and vice-presidency.Estrada gained popularity as a film actor, playing the lead role in over 100 films in...

 who have thrown their support for Estrada's close associate Fernando Poe, Jr. and those who support incumbent Gloria Macapagal-Arroyo, or at best oppose Estrada.

The several months leading to the May elections saw several presidential scandals, Arroyo reversing her earlier decision not to run for president, the sudden but not unexpected candidacy of Fernando Poe, Jr., defection of key political figures from the Arroyo camp to the opposition, the controversial automated elections initiative of the COMELEC, and the split of the dominant opposition party, Laban ng Demokratikong Pilipino, between Poe and Panfilo Lacson
Panfilo Lacson
Panfilo "Ping" Morena Lacson, Sr. is a Filipino politician. He was Director-General of the Philippine National Police from 1999 to 2001 and has been a member of the Philippine Senate since 2001.-Early life and education:...

.

Gloria Macapagal-Arroyo's candidacy

On a speech given on Rizal Day
Rizal Day
Rizal Day is a Philippine national holiday commemorating the life and works of José Rizal, one of the Philippines' national heroes. It is celebrated every December 30, the day of Rizal's execution at Bagumbayan, now known as Rizal Park, in 1896.-History:...

, December 30, 2002, Gloria Macapagal-Arroyo declared that she would not run in the 2004 elections. Arroyo claimed that withdrawing from the race would relieve her of the burden of politics and allow her administration to devote the last year and half to the following:

First, strengthening the economy to create more jobs and to encourage business activities that are unhampered by corruption
Political corruption
Political corruption is the use of legislated powers by government officials for illegitimate private gain. Misuse of government power for other purposes, such as repression of political opponents and general police brutality, is not considered political corruption. Neither are illegal acts by...

 and red tape in government.

Second, healing the deep divisions within Philippine society.

Third, working for clean and honest elections in 2004.

This was hailed as a welcome development by many people, especially those in the business and economic sectors.

Nine months later, on October 4, 2003, Arroyo completely changed her mind. Arroyo stated that her change of heart was for a higher cause and that she cannot ignore the call to further serve the country. Many people, especially those who held on to her commitment, were dismayed by her turnabout, though most were unsurprised since there had been clues months before that she would probably not stand by her earlier decision. Others welcomed this development, saying that she needs more time to implement her projects, and that she would be the strongest contender against a likely candidacy by Fernando Poe, Jr.

Fernando Poe, Jr.'s candidacy

Months before the elections, members of the opposition have been encouraging Fernando Poe, Jr., a close friend of former president Joseph Estrada
Joseph Estrada
Joseph "Erap" Ejercito Estrada was the 13th President of the Philippines, serving from 1998 until 2001. Estrada was the first person in the Post-EDSA era to be elected both to the presidency and vice-presidency.Estrada gained popularity as a film actor, playing the lead role in over 100 films in...

 to run for president. Poe was very popular with the masses and it was widely believed that he would be a sure winner if he ran for president.

On November 27, 2003, Poe ended months of speculation by announcing that he will run for president during a press conference held at the Manila Hotel
Manila Hotel
The Manila Hotel is a 570-room, five star hotel in Manila, Philippines, located in the heart of the Manila Bay area. The Manila Hotel is the oldest premiere hotel in the Philippines, built in 1909 to rival Malacañang Palace, the official residence of the President of the Philippines, and opened in...

.

However, on January 9, 2004, Victorino X. Fornier (a private citizen) filed a case against Poe and the COMELEC, saying that Poe wasn't eligible to run for he is not a natural-born Filipino before the COMELEC. On the 23rd of January, the COMELEC dismissed the petition for lack of merit. On February 10, Fornier finally filed the case to the Supreme Court
Supreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...

, seeking Poe to be disqualified from the race. His case was later merged with cases filed by Maria Jeanette C. Tecson, and Felix B. Desiderio, Jr., and by Zoilo Antonio G. Velez.

Death of Lawyer Maria Jeanette Tecson

On September 28, 2007, 8:30 p.m, Senior Superintendent Francisco Uyami, Pasig police chief stated that Lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...

 Maria Tecson, 40, was found dead (in a state of rigor mortis
Rigor mortis
Rigor mortis is one of the recognizable signs of death that is caused by a chemical change in the muscles after death, causing the limbs of the corpse to become stiff and difficult to move or manipulate...

) inside room 204 at the Richmond Hotel, San Miguel Avenue, Pasig City
Pasig City
The City of Pasig is one of the city municipalities of Metro Manila in the Philippines and was the former capital of the province of Rizal prior to the formation of this grouping of cities designated as the National Capital Region...

 (with her throat
Throat
In vertebrate anatomy, the throat is the anterior part of the neck, in front of the vertebral column. It consists of the pharynx and larynx...

 slit and with cuts on her wrist
Wrist
In human anatomy, the wrist is variously defined as 1) the carpus or carpal bones, the complex of eight bones forming the proximal skeletal segment of the hand;...

). Maria Jeanette Tecson, Zoilo Velez (promoted to Court of Appeals
Court of Appeals
A court of appeals is an appellate court generally.Court of Appeals may refer to:*Military Court of Appeals *Corte d'Assise d'Appello *Philippine Court of Appeals*High Court of Appeals of Turkey*United States courts of appeals...

 Justice
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...

) and Victorino Fornier filed the disqualification case against Fernando Poe, Jr. She claimed Poe was born out of wedlock
Wedlock
Wedlock may refer to:* Marriage* Wedlock , an album by Sunburned Hand of the Man* Wedlock , directed by Lewis Teague* Billy Wedlock, an English footballer* Fred Wedlock, an English folk singer...

 and that while Poe's birth certificate
Birth certificate
A birth certificate is a vital record that documents the birth of a child. The term "birth certificate" can refer to either the original document certifying the circumstances of the birth or to a certified copy of or representation of the ensuing registration of that birth...

 was dated 1939, his parents Allan Poe and American mother Bessie Kelly did not marry until 1940.

On March 3, the Supreme Court, said in its decision, that for lack of jurisdiction and prematurity, and ruling that Poe's father, Allan F. Poe would have been a Filipino citizen by virtue of the en masse Filipinization enacted by the Philippine Bill of 1902. Also, even if Poe wasn't a natural-born Filipino citizen, he cannot be held guilty of having made a material misrepresentation in his certificate of candidacy.
See also: The Supreme Court's decision.

Eddie Gil's candidacy

The Commission on Elections originally affirmed the candidacies of six people for the president. The sixth person running for president was Eduardo "Eddie" Gil
Eddie Gil
Eddie Gil is a Filipino singer who attempted to run for the President during the 2004 Presidential elections. However, he was disqualified from running by the Commission on Elections, citing his inability to begin a national campaign and marking him as a 'nuisance candidate.' Gil appealed his...

, a known Marcos
Ferdinand Marcos
Ferdinand Emmanuel Edralin Marcos, Sr. was a Filipino leader and an authoritarian President of the Philippines from 1965 to 1986. He was a lawyer, member of the Philippine House of Representatives and a member of the Philippine Senate...

 loyalist. The party of Eduardo Villanueva filed a petition with the COMELEC seeking to disqualify Eddie Gil on the basis of him being a nuisance candidate, his incapacity to mount a nationwide campaign, and that because he was running with the aim to confuse voters because of their similar names.

Eddie Gil claims to be an international banker having a net worth of billions of dollars. His platform for presidency promised to make every Filipino a millionaire within his first 100 days of being elected. He also promised to pay off the Philippines' debt, worth trillions of pesos
Philippine peso
The peso is the currency of the Philippines. It is subdivided into 100 centavos . Before 1967, the language used on the banknotes and coins was English and so "peso" was the name used...

, from his own pocket. This was widely ridiculed, especially after a recent incident in which a check he had issued to pay his hotel bills during a campaign sortie, bounced.

The LDP split

The Laban ng Demokratikong Pilipino party (LDP) would form the core of the main opposition party, the Koalisyon ng Nagkakaisang Pilipino (KNP). However, members of the party disagreed on which person to support for president. Panfilo Lacson
Panfilo Lacson
Panfilo "Ping" Morena Lacson, Sr. is a Filipino politician. He was Director-General of the Philippine National Police from 1999 to 2001 and has been a member of the Philippine Senate since 2001.-Early life and education:...

, a member of the party, advanced his candidacy for president but was not considered by Edgardo Angara
Edgardo Angara
Edgardo Javier Angara is a Filipino politician who served as President of the Senate of the Philippines from 1993-1995. He is currently serving his fourth term in the Senate which ends in 2013.-Early life and career:...

, the president of the party. Angara supported Fernando Poe, Jr. Together with the party's secretary-general Agapito "Butz" Aquino, Lacson gathered the support of some members of the party and went ahead with his candidacy. The LDP was subsequently polarized between those supporting Angara and Poe, and those for Lacson and Aquino.

By then, Poe and Lacson have both filed their certificates of candidacies. According to the rules of candidacy, every presidential candidate must have a political party to back him or her. With the obvious split within the ranks of the LDP, and with no signs that the two factions would come to an agreement, the COMELEC decided to informally split the party into the Aquino and the Angara wings. Lacson then ran under the LDP - Aquino Wing, and Poe under the LDP - Angara Wing, which would later become the KNP.

During the campaign period, there had been numerous unification talks between the two factions. The opposition saw the need to become united under one banner to boost their chances of winning the presidential election against the organized political machinery of Arroyo. The plans of unification did not materialize due to the stubbornness of both Poe and Lacson. Lacson wanted Poe to concede to him and run as his vice-presidential candidate while the supporters of Poe wanted Lacson to back out from his candidacy and instead support Poe, citing his low performance in the surveys.

COMELEC's move for an automated elections

Elections in the Philippines have always been a manual process with the results for national positions often being announced more than a month after election day. An attempt to rectify this was done by the Commission on Elections by automating the process of counting the votes. More than 30 billion pesos were spent in acquiring counting machines that were never used in this elections because of numerous controversies and political opposition.

Parties and coalitions

This election has seen strong shifts of alliances and new parties as candidates switched allegiances. The two major coalitions seen in this elections were the K-4 (Koalisyon ng Katapatan at Karanasan sa Kinabukasan), of the administration, and the KNP (Koalisyon ng Nagkakaisang Pilipino), the united opposition.

Koalisyon ng Katapatan at Karanasan sa Kinabukasan (K-4)

The Koalisyon ng Katapatan at Karanasan sa Kinabukasan
Koalisyon ng Katapatan at Karanasan sa Kinabukasan
The Koalisyon ng Katapatan at Karanasan sa Kinabukasan is the political coalition that supported president Gloria Macapagal-Arroyo who won the 2004 Philippine presidential elections. It is the remnant of the People Power Coalition that was formed following the ascendancy of president Gloria...

 (Coalition of Truth and Experience for Tomorrow) or K-4, is the remnant of the People Power Coalition that was formed following the ascendancy of president Gloria Macapagal-Arroyo to power. Arroyo is seeking a complete term under this coalition with Sen. Noli de Castro, an independent, yet popular, politician, as her running mate. The leading party in this coalition is the ruling Lakas-CMD, of which Arroyo is a member. Other parties under this coalition are the Liberal Party
Liberal Party (Philippines)
The Liberal Party of the Philippines is a liberal party in the Philippines, founded by then senators Senate President Manuel Roxas, Senate President Pro-Tempore Elpidio Quirino, and former 9th Senatorial District Senator Jose Avelino, on November 24, 1945 by a breakaway Liberal group from the...

, the Nacionalista Party
Nacionalista Party
The Nacionalista Party is the oldest political party in the Philippines today and was responsible for leading the country throughout the majority of the 20th century since its founding in 1907...

, the Nationalist People's Coalition
Nationalist People's Coalition
The Nationalist People's Coalition or NPC is a political party in the Philippines.-History:The Party was founded in 1991 after some members of the Nacionalista Party led by then Rizal Governor Isidro Rodriguez bolted from the Nacionalista Party after some disagreements with Nacionalista party...

 and the People's Reform Party
People's Reform Party
The People's Reform Party is a political party in the Philippines. Founded on April 12, 1991 as the political party of former Agrarian Reform Secretary Miriam Defensor-Santiago for her bid as President in the 1992 Presidential Elections. During the 1992 Elections, the party nominated Santiago as...

.

Koalisyon ng Nagkakaisang Pilipino (KNP)

The Koalisyon ng Nagkakaisang Pilipino
Koalisyon ng Nagkakaisang Pilipino
The Koalisyon ng Nagkakaisang Pilipino or United Opposition or KNP, was the coalition of the dominant opposition in the Philippines during the 2004 general elections...

 (Coalition of United Filipinos), or KNP, is the coalition of the united opposition. Its standard bearers are Fernando Poe, Jr. for president and Sen. Loren Legarda for vice-president. The leading parties of this coalition is the Laban ng Demokratikong Pilipino
Laban ng Demokratikong Pilipino
The Laban ng Demokratikong Pilipino is a political party in the Philippines founded in 1988.There are no results available of the last elections for the House of Representatives, but according to the website of the House, the party holds 7 out of 235 seats . The party is divided into two factions...

 (LDP-Angara Wing), the PDP-Laban and the Pwersa ng Masang Pilipino. the LDP split is caused by stubbornness between FPJ and Ping Lacson. especially with the support of the former president Joseph Estrada
Joseph Estrada
Joseph "Erap" Ejercito Estrada was the 13th President of the Philippines, serving from 1998 until 2001. Estrada was the first person in the Post-EDSA era to be elected both to the presidency and vice-presidency.Estrada gained popularity as a film actor, playing the lead role in over 100 films in...

 and former first lady Imelda Marcos
Imelda Marcos
Imelda R. Marcos is a Filipino politician and widow of 10th Philippine President Ferdinand Marcos. Upon the ascension of her husband to political power, she held various positions to the government until 1986...

. The other major party under this coalition is Estrada's Partido ng Masang Pilipino
Partido ng Masang Pilipino
The Pwersa ng Masang Pilipino , formerly Partido ng Masang Pilipino is a populist political party in the Philippines. It is the political party of former Philippine President Joseph Estrada...

 (PMP, Party of the Filipino Masses).

Alyansa ng Pag-asa

The third major coalition running in this election is the Alyansa ng Pag-asa (Alliance of Hope), This coalition fielded Raul Roco for president and Herminio Aquino for vice-president. The three major parties supporting this coalition are Roco's Aksyon Demokratiko (Democratic Action), former Defense Sec. Renato de Villa
Renato de Villa
Renato "Rene" de Villa is a political figure in the Philippines and founder of the rightist political party Partido ng Demokratikong Reporma-Lapiang Manggagawa.-Biography:...

's Reporma Party, and Lito Osmeña's Promdi (Probinsya Muna [Provinces First] Development Party). The three parties were the ones that bolted out of the People Power Coalition.

Bangon Pilipinas Movement (BPM)

The Bangon Pilipinas (Rise up, Philippines) Movement is the political party of Bro. Eddie Villanueva
Eddie Villanueva
Eduardo C. Villanueva , known as Bro. Eddie Villanueva, is a religious and political leader in the Philippines and a presidential candidate in the 2010 Philippine election as standard bearer of the Bangon Pilipinas Party...

. It consists mostly of volunteers, a majority of whom came from Villanueva's Jesus Is Lord church (Villanueva resigned from the church before submitting his candidacy, to prevent questions on separation of church and state).

Laban ng Demokratikong Pilipino (LDP) (Aquino Wing)

This was composed of Panfilo Lacson's supporters in the LDP Party.

Partido Isang Bansa, Isang Diwa

This was Eddie Gil
Eddie Gil
Eddie Gil is a Filipino singer who attempted to run for the President during the 2004 Presidential elections. However, he was disqualified from running by the Commission on Elections, citing his inability to begin a national campaign and marking him as a 'nuisance candidate.' Gil appealed his...

's organization. Gil was deemed a nuisance candidate and was disqualified from the presidential race, however, the party qualified for other positions.

Election results

The official results of the election were released in staggered dates with most winners in local elective positions declared within two weeks from the May 10 election date. The winners in the Senatorial and Party-list Representative elections were declared on May 24, with the exception of the 12th senator which was announced on June 3. The results of the Presidential and Vice-Presidential races were finalized by the Congress on June 20, more than a month after the elections. Out of the 43,536,028 registered voters, about 35.4 million ballots were cast giving a voter turn-out of 81.4%.

Shown below are the official tallies of the Presidential, Vice-Presidential, and Senatorial races as well as the last tallies of the Quickcount conducted by the National Movement for Free Elections (NAMFREL), the citizens' arm of the COMELEC.

President

Final Official Congressional Canvass

NAMFREL Quickcount

(Partial and Unofficial)
Candidate Party Votes %
Gloria Macapagal-Arroyo
Gloria Macapagal-Arroyo
Gloria Macapagal-Arroyo is a Filipino politician who served as the 14th President of the Philippines from 2001 to 2010, as the 12th Vice President of the Philippines from 1998 to 2001, and is currently a member of the House of Representatives representing the 2nd District of Pampanga...

 
K4
Koalisyon ng Katapatan at Karanasan sa Kinabukasan
The Koalisyon ng Katapatan at Karanasan sa Kinabukasan is the political coalition that supported president Gloria Macapagal-Arroyo who won the 2004 Philippine presidential elections. It is the remnant of the People Power Coalition that was formed following the ascendancy of president Gloria...

 
11,272,388 39.4%
Fernando Poe, Jr.
Fernando Poe, Jr.
Ronald Allan Poe y Kelley , better known as Fernando Poe, Jr. and colloquially known as FPJ and Da King, was a Filipino actor and cultural icon. From the 1950s, Poe played steadfast film heroes who fight for the common man, which won him respect and admiration...

 
KNP
Koalisyon ng Nagkakaisang Pilipino
The Koalisyon ng Nagkakaisang Pilipino or United Opposition or KNP, was the coalition of the dominant opposition in the Philippines during the 2004 general elections...

10,456,243 36.6%
Panfilo Lacson
Panfilo Lacson
Panfilo "Ping" Morena Lacson, Sr. is a Filipino politician. He was Director-General of the Philippine National Police from 1999 to 2001 and has been a member of the Philippine Senate since 2001.-Early life and education:...

Laban ng Demokratikong Pilipino
Laban ng Demokratikong Pilipino
The Laban ng Demokratikong Pilipino is a political party in the Philippines founded in 1988.There are no results available of the last elections for the House of Representatives, but according to the website of the House, the party holds 7 out of 235 seats . The party is divided into two factions...

(Agapito Aquino Wing)
3,140,494 11.0%
Raul Roco
Raul Roco
Raul Sagarbarria Roco was a political figure in the Philippines. He was the standard-bearer of Aksyon Demokratiko, which he founded in 1997 as a vehicle for his presidential bids in 1998 and 2004. He was a former senator and the Secretary of the Department of Education under the presidency of...

Aksyon Demokratiko  1,942,921 6.8%
Eduardo Villanueva Bangon Pilipinas Movement  1,782,547 6.2%
Total: 28,594,593 100.0%

Vice-President

Final Official Congressional Canvass
NAMFREL Quickcount

(Partial and Unofficial)
Candidate Party Votes %
Noli de Castro
Noli de Castro
Manuel Leuterio de Castro, Jr. , better known as Noli de Castro or "Kabayan" Noli de Castro, was Vice President of the Philippines ....

 
Independent  13,342,530 49.6%
Loren Legarda
Loren Legarda
Loren Legarda is a Filipino broadcast journalist, environmentalist, and politician of Visayan ancestry, notable as the only female to top two senatorial elections . During the 2004 Philippine general election, she ran for the position of Vice-President as an Independent with Fernando Poe, Jr...

 
KNP
Koalisyon ng Nagkakaisang Pilipino
The Koalisyon ng Nagkakaisang Pilipino or United Opposition or KNP, was the coalition of the dominant opposition in the Philippines during the 2004 general elections...

12,505,777 46.5%
Herminio Aquino
Herminio Aquino
Herminio Sanchez Aquino is a Filipino businessman, former politician and a vice presidential candidate where he ran as the running mate of Raul Roco on 2004.-Early life:...

Aksyon Demokratiko
Democratic Action (Philippines)
Aksyon Demokratiko or Aksyon is a political party in the Philippines, founded by the late Senator Raul S. Roco. It is a mainstream political party that advocates "non-traditional" means of politics...

 /
Alyansa ng Pag-Asa
920,316 3.4%
Rodolfo Pajo Partido Isang Bansa Isang Diwa 22,244 0.1%
Total: 26,908,172 100.00%

PET Case No. 003, Legarda v. De Castro, January 18, 2008

On January 18, 2008, in a 21-page resolution
Resolution (law)
A resolution is a written motion adopted by a deliberative body. The substance of the resolution can be anything that can normally be proposed as a motion. For long or important motions, though, it is often better to have them written out so that discussion is easier or so that it can be...

, penned by Senior Justice Leonardo Quisumbing
Leonardo Quisumbing
Leonardo A. Quisumbing was an Associate Justice of the Supreme Court of the Philippines. He was appointed by President Fidel Ramos in 1998 and retired as the most senior Associate Justice of the Court on his 70th birthday in 2009....

, the Supreme Court of the Philippines
Supreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...

, acting as the Presidential Electoral Tribunal (PET), dismissed Sen. Loren Legarda
Loren Legarda
Loren Legarda is a Filipino broadcast journalist, environmentalist, and politician of Visayan ancestry, notable as the only female to top two senatorial elections . During the 2004 Philippine general election, she ran for the position of Vice-President as an Independent with Fernando Poe, Jr...

's electoral protest against Noli de Castro
Noli de Castro
Manuel Leuterio de Castro, Jr. , better known as Noli de Castro or "Kabayan" Noli de Castro, was Vice President of the Philippines ....

. 3 reasons supported the judgment: first, the PET approved the recommendation of Hearing Commissioner and former Commission on Elections (Comelec) Chair retired SC Justice Bernardo P. Pardo that “the pilot-tested revision of ballots or re-tabulation of the certificates of canvass would not affect the winning margin of the protestee in the final canvass of the returns, in addition to the ground of abandonment or withdrawal by reason of Protestant’s candidacy for, election and assumption of the office Senator of the Philippines;” second, Legarda’s failure to pay the P 3.9 million ($ 1 = P 40) revision of ballots (in 124,404 precincts) fee despite court extension under Rule 33 of the PET; and third, jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...

 of Defensor Santiago v. Ramos, teaches that Legarda "effectively abandoned or withdrawn her protest when she ran in the Senate, which term coincides with the term of the Vice-Presidency 2004-2010." Meanwhile, Noli De Castro
Noli de Castro
Manuel Leuterio de Castro, Jr. , better known as Noli de Castro or "Kabayan" Noli de Castro, was Vice President of the Philippines ....

 on television
Television
Television is a telecommunication medium for transmitting and receiving moving images that can be monochrome or colored, with accompanying sound...

 stated: "This is the triumph of truth. The truth that I won fair and square. I thank the Supreme Court for echoing the true voice of the people. From the very beginning I was confident that I received the overwhelming mandate of our people as Vice President." Legarda stated that she will file a motion for reconsideration in due course.

Exit polls

During and immediately after the elections, exit polls were conducted by various organizations including the Social Weather Stations
Social Weather Stations
The Social Weather Stations or SWS is a public opinion polling body in the Philippines. It is a private, independent, non-partisan, non-profit scientific institute in the Philippines which conducts social surveys and does survey-based social science research and other educational activities, using...

. An exit poll conducted by the SWS in Metro Manila
Metro Manila
Metropolitan Manila , the National Capital Region , or simply Metro Manila, is the metropolitan region encompassing the City of Manila and its surrounding areas in the Philippines...

 showed that Arroyo won by a wide margin. SWS later admitted that it made a huge error in its Metro Manila exit poll.

The SWS exit poll said Mrs Arroyo won 34 percent of the vote in Metro Manila against Poe's 25 percent. The official count showed Poe winning Metro Manila by 37 percent against the President's 26 percent.

A nationwide exit poll conducted by a research group called Proberz, on the other had, showed that Poe won the elections with 38% of the total 4,010 respondents against Arroyo's 34%. The poll showed Poe leading in Regions II
Cagayan Valley
Cagayan Valley is a region of the Philippines, also designated as Region II or Region 02. It is composed of five provinces, namely: Batanes, Cagayan, Isabela, Nueva Vizcaya, and Quirino...

, III
Central Luzon
Central Luzon , also known as Region III , is an administrative division or region of the Republic of the Philippines, primarily serve to organize the 7 provinces of the vast central plain of the island of Luzon , for administrative convenience...

, IV-A
CALABARZON
CALABARZON is one of the regions of the Philippines. It is also designated as Region IV-A and its regional center is Calamba City in Laguna...

, IV-B, VIII
Eastern Visayas
Eastern Visayas is one of the two regions of the Philippines having no land border with another region, MIMAROPA being the other, and is designated as Region VIII...

, IX
Zamboanga Peninsula
Zamboanga Peninsula / Western Mindanao is a peninsula and an administrative region in the Philippines. Designated as Region IX, the region consists of three provinces, namely, Zamboanga del Norte, Zamboanga del Sur, and Zamboanga Sibugay, its component cities of Dipolog, Dapitan, Pagadian, and...

, XII
Davao Region
Davao Region / Southern Mindanao, designated as Region XI, is one of the regions of the Philippines, located on the southeastern portion of Mindanao. Davao Region consists of four provinces, namely: Compostela Valley, Davao del Norte, Davao Oriental, and Davao del Sur. The region encloses the Davao...

, Metro Manila
Metro Manila
Metropolitan Manila , the National Capital Region , or simply Metro Manila, is the metropolitan region encompassing the City of Manila and its surrounding areas in the Philippines...

, and the ARMM
Autonomous Region in Muslim Mindanao
The Autonomous Region in Muslim Mindanao is the region, located in the Mindanao island group of the Philippines, that is composed of predominantly Muslim provinces, namely: Basilan , Lanao del Sur, Maguindanao, Sulu and Tawi-Tawi. It is the only region that has its own government...

. GMA thriumphed over Poe in the rest of the regions. In the vice-presidential race, the exit poll indicates that Legarda won with 51% or the votes, followed by De Castro with 46%.

On January 25, 2008, Pulse Asia
Pulse Asia
Pulse Asia, Inc. is a public opinion polling body in the Philippines. It was launched by professional academics recognized as experts in their respective fields of study. It monitors salient socio-economic, political and cultural issues in the minds of the Filipino public.-Profile:According to its...

 survey
Statistical survey
Survey methodology is the field that studies surveys, that is, the sample of individuals from a population with a view towards making statistical inferences about the population using the sample. Polls about public opinion, such as political beliefs, are reported in the news media in democracies....

 (commissioned by Genuine Opposition
Genuine Opposition
Genuine Opposition is the umbrella political coalition of the parties' senatorial line-up for the 2007 Philippine midterm elections, which is in opposition to President Gloria Macapagal-Arroyo...

 (GO) per former Senator Sergio Osmeña III) stated that 58% percent of Filipinos in Mindanao
Mindanao
Mindanao is the second largest and easternmost island in the Philippines. It is also the name of one of the three island groups in the country, which consists of the island of Mindanao and smaller surrounding islands. The other two are Luzon and the Visayas. The island of Mindanao is called The...

 believed that President Gloria Macapagal-Arroyo
Gloria Macapagal-Arroyo
Gloria Macapagal-Arroyo is a Filipino politician who served as the 14th President of the Philippines from 2001 to 2010, as the 12th Vice President of the Philippines from 1998 to 2001, and is currently a member of the House of Representatives representing the 2nd District of Pampanga...

 cheated in the Philippine general election, 2004. 70% also "believed that because of recurring allegations of election fraud, the credibility of the balloting process in Mindanao was at a record low."

Official Congressional canvass

Arroyo Poe
Arroyo won in Western and Central Visayas, western parts of northern Luzon, northern Mindanao and in the Autonomous Region in Muslim Mindanao. Poe, on the other hand, won in Eastern Visayas, Metro Manila, southern Luzon, eastern parts of Northern Luzon and southern Mindanao. Arroyo is the first candidate to win the presidency despite losing in Tagalog-dominated areas.

Under the constitution
Constitution of the Philippines
The Constitution of the Philippines is the supreme law of the Philippines.The Constitution currently in effect was enacted in 1987, during the administration of President Corazon Aquino, and is popularly known as the "1987 Constitution"...

, the Congress
Congress of the Philippines
The Congress of the Philippines is the national legislature of the Republic of the Philippines. It is a bicameral body consisting of the Senate , and the House of Representatives although commonly in the Philippines the term congress refers to the latter.The Senate is composed of 24 senators half...

 is mandated to become the National Board of Canvassers for the top two positions, the President and the Vice-President. Tallying in the 216,382 precincts nationwide are submitted in Election Returns that are forwarded to the municipal and city board of canvassers. These are then tabulated and forwarded to the provincial board of canvassers which prepare the 176 Certificates of Canvass (CoC). These CoCs were forwarded to the joint session of the Congress at the Batasang Pambansa in Quezon City
Quezon City
Quezon City is the former capital and the most populous city in the Philippines. Located on the island of Luzon, Quezon City is one of the cities and municipalities that make up Metro Manila, the National Capital Region. The city was named after Manuel L...

 on May 25, 2004.

Senators and representatives from the administration and opposition have debated heatedly on the procedure of counting the CoCs. The traditional way of counting the certificates, as used in the 1992 and 1998 elections, was to appoint a joint committee consisting of seven senators and seven representatives. Many opposition legislators, notably, Cong. Didagen Dilangalen of Maguindanao
Maguindanao
Maguindanao is a province of the Philippines located in the Autonomous Region in Muslim Mindanao . Its capital is Shariff Aguak. It borders Lanao del Sur to the north, Cotabato to the east, and Sultan Kudarat to the south....

, opposed this traditional method as unconstitutional saying that it should be the whole Congress, not a committee, who should count the votes. Part of the argument was that "power delegated cannot be further delegated", referring to the delegation of counting to a committee. The proposal of some legislators was for the whole Congress to sit in a joint session counting each and every single Certificate of Canvass.

The debates and deliberations for the rules of canvassing were finished by the Congressional joint session on May 28. The rules decided were very similar to the ones used in the 1992 and 1998 elections, which called for a joint committee to act as the National Board of Canvassers. The notable difference is the increase of the number of committee members from 14 to 22, this time consisting of 11 senators and 11 representatives. The composition of the committee was also announced by the Senate President, Franklin Drilon
Franklin Drilon
Franklin Magtunao Drilon is a Filipino politician who served as President of the Senate of the Philippines in 2000 and from 2001 to 2006. Drilon currently serves his third term in the Senate...

, and the Speaker of the House, Jose de Venecia. The composition was immediately lambasted by the Opposition; the House portion of the committee consisted of 9 administration representatives and 2 opposition. The Poe camp called for a more equal representation for all the involved political parties in the committee, despite the appointed commission mirroring the current composition of the House: there are 190 administration representatives in a 220-seat House.

The official canvassing by the Congressional Joint Committee started on June 4, a little less than one month after election day. Canvassing was done in a slow pace, averaging about 12 Certificates of Canvass per day, as the Opposition accused Administration politicians of railroading the canvass. The Opposition lawyers wanted to question the validity of 25 CoCs, especially in those areas where Arroyo posted a wide margin over Poe. They wanted the Committee to examine the Statement of Votes at the municipal level and even down to the Election Returns at the precinct level to prove their claim that the Certificates of Canvass have been tampered with in favor of Arroyo. Administration lawyers contend that the Committee is not the proper place to lodge complaints of fraud and that the Opposition should go to the Presidential Election Tribunal (the Supreme Court) after the winner has been proclaimed.

Election scandal

In June 2004, two investigative writers Antonio Abaya and Roberto Verzola, analyzing the results independently of each other, separately published their conclusion that the discrepancies between the official count by Congress and the citizens' tally by NAMFREL indicated significant cheating by winning candidate Gloria Macapagal-Arroyo. . However, few paid attention to the allegations, and Macapagal-Arroyo was proclaimed winner on June 24, 2004 http://english.peopledaily.com.cn/200406/24/eng20040624_147354.html. Verzola's findings that "Gloria Macapagal Arroyo did not win by around 1.1 million votes over Fernando Poe Jr." and that "it was a very close contest, with the most probable results ranging from a GMA win of around 156,000 votes or less, to an FPJ win of around 84,000 votes or less" were subsequently published in Kasarinlan, an internationally-refereed academic journal published by the country's top university, the University of the Philippines http://www.upd.edu.ph/~twsc/publications_kasarinlan-sample.EP1.html

On the night of December 11, 2004, Poe was admitted into Saint Luke's Medical Center in Quezon City
Quezon City
Quezon City is the former capital and the most populous city in the Philippines. Located on the island of Luzon, Quezon City is one of the cities and municipalities that make up Metro Manila, the National Capital Region. The city was named after Manuel L...

, after complaining of dizziness at a gathering in his production studio premise. He suffered from a stroke and slipped into a coma while being treated for a brain clot. On December 14, Poe died due to a massive stroke
Stroke
A stroke, previously known medically as a cerebrovascular accident , is the rapidly developing loss of brain function due to disturbance in the blood supply to the brain. This can be due to ischemia caused by blockage , or a hemorrhage...

. By this time, allegations were rife that Arroyo cheated in the elections.

On June 10, 2005, Samuel Ong
Samuel Ong
Samuel Ong was a former deputy director of the National Bureau of Investigation of the Philippines and is a whistleblower, declaring that the 2004 national elections was rigged, starting an electoral crisis....

, a former deputy director of the country's National Bureau of Investigation (NBI) said that he is a source of a set of original audio tapes of a wiretapped conversation between President Gloria Macapagal-Arroyo and an official of the Commission on Elections
Commission on Elections (Philippines)
The Commission on Elections, or COMELEC, is one of the three constitutional commissions of the Philippines. Its principal role is to enforce all laws and regulations relative to the conduct of elections, initiatives, referendums, and recalls....

, allegedly Virgilio Garcillano
Virgilio Garcillano
Virgilio Olivar Garcillano also known as Garci, is a former official of the Philippine Commission on Elections who allegedly was involved in Gloria Macapagal-Arroyo's alleged electoral fraud in the Hello Garci scandal....

.

The contents of the tape allegedly proves, according to Ong, that the 2004 national election was rigged by Arroyo and that she is not the real winner of the said election. If the Supreme Court declares that Arroyo cheated and rigged the 2004 elections, Vice President De Castro would become President, that is if he is found to be innocent of poll fraud charges brought by Poe's running mate Loren Legarda
Loren Legarda
Loren Legarda is a Filipino broadcast journalist, environmentalist, and politician of Visayan ancestry, notable as the only female to top two senatorial elections . During the 2004 Philippine general election, she ran for the position of Vice-President as an Independent with Fernando Poe, Jr...

.

See also

  • Commission on Elections
    Commission on Elections (Philippines)
    The Commission on Elections, or COMELEC, is one of the three constitutional commissions of the Philippines. Its principal role is to enforce all laws and regulations relative to the conduct of elections, initiatives, referendums, and recalls....

  • Politics of the Philippines
    Politics of the Philippines
    The Politics of the Philippines takes place in an organized framework of a presidential, representative, and democratic republic whereby the president is both the head of state and the head of government within a pluriform multi-party system...

  • Philippine elections
  • President of the Philippines
    President of the Philippines
    The President of the Philippines is the head of state and head of government of the Philippines. The president leads the executive branch of the Philippine government and is the commander-in-chief of the Armed Forces of the Philippines...

  • 13th Congress of the Philippines
    13th Congress of the Philippines
    The Thirteenth Congress of the Philippines was the meeting of the national legislature of the Republic of the Philippines, composed of the Philippine Senate and House of Representatives...


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