The Supreme Court (SC) has dismissed the petitions which sought the nullification of the alleged premature proclamation of 12 winning senatorial candidates during the May 13, 2013 election.

Dismissed were the petition filed by several losing senatorial candidates and the petition in intervention filed by the Volunteers Against Crime and Corruption (VACC).

Those who filed the petition were Ricardo L. Penson, Hans Christian M. Seneres, Rizalito L. David and Baldomero C. Falcone.

The petitioners in intervention were Glenn A. Chong, Melchor G. Magdamo, Nelson J. Celis. Wendell A. Unlayao and the VACC.

They challenged the Commission on Elections -National Board of Canvassers’ (Comelec-NBOC) Resolution No. 004-13 issued on May 18, 2013.

The resolution proclaimed as winners Juan Edgardo M. Angara, Paolo Benigno A. Aquino IV, Maria Lourdes Nancy S. Binay, Alan Peter S. Cayetano, Joseph Victor G. Ejercito, Francis Joseph G. Escudero, Gregorio B. Honasan, Loren Regina B. Legarda, Mary Grace Poe-Llamanzares, Aquilino Martin D. Pimentel III, Antonio F. Trillanes IV, and Cynthia A. Villar.

They also challenged Comelec-NBOC Resolution No. 0010-13 issued on June 5, 2013. The resolution declared the 12 candidates as winners and proclaimed them as duly elected senators.

Of the 12 proclaimed candidates, only Angara, Binay, Poe, Villar and Pimentel are still incumbent members of the Senate.

In their petitions, they claimed that grave abuse of discretion was committed by the Comelec-NBOC in “prematurely” proclaiming the 12 candidates despite questions on the accuracy of the election returns.

They also claimed that the Comelec abused its discretion in terminating the canvassing of the May 13, 2013 election for senators on the premise that the "remaining votes that have yet to be canvassed would not materially affect the results."

At the same time, they argued that the Comelec failed to comply with the Authentication of Electronically Transmitted Election Results under Section 30 of Republic Act No. 8346, which authorizes the poll body to use an automated election system, as the electronic transmissions were not digitally signed.

The SC’s unanimous full court decision, which was promulgated last Sept. 28 and made public last Dec. 14, was written by Associate Justice Jhosep Y. Lopez.

In dismissing the petitions, the SC said:

“All told, the Court has no jurisdiction to entertain much less resolve, the matters raised in the main petition and petition-in-intervention.

“The issues advanced therein are matters best addressed to the sound judgment and discretion of the SET (Senate Electoral Tribunal), which has exclusive jurisdiction to act on it.

“At the risk of being repetitive, the power of the SET is full, clear and complete. It excludes the exercise of any authority on the part of this Court that would in any wise restrict or curtail it or even affect the same.

“This is in recognition and faithful adherence to the constitutional mandate that the Electoral Tribunal of each House of Congress shall be the ‘sole judge of all contests relating to the election, returns, and qualifications of their respective members.’

“WHEREFORE, premises considered, the Petition for Certiorari and Petition-in-Intervention are DISMISSED. SO ORDERED.”