MANILA. Opposition senatorial candidate Alan Peter Cayetano filed a petition before the Supreme Court to question the resolution of the Commission on Elections declaring "Cayetano" votes as stray.

Leila de Lima, Cayetano's legal counsel said that the Genuine Opposition bet's 14-page petition seeks a high court ruling to nullify the poll body's May 10 decision as "having been issued with grave abuse of discretion tantamount to excess of jurisdiction."

"It follows that the Commission's instruction to declare all 'Cayetano' votes as stray is devoid of legal basis, petitioner being the sole senatorial candidate bearing the name of Cayetano in the 14 May 2007 elections," Cayetano said.

The senatorial candidate filed the petition after the COMELEC failed to act on his manifestation to order Board of Election Inspectors in poll precincts nationwide to tally separately the votes cast for "Peter," "Peter Cayetano" or "Cayetano."

He said the COMELEC had ruled to disqualify Joselito Pepito "Peter" Cayetano of Kilusang Bagong Lipunan as a nuisance candidate but the decision unduly prejudiced him and affected his own campaign for senator.

"It (COMELEC) destroyed the efficacy of its disqualification ruling by declaring that it was not final and executory as of the day of the elections. By the Commission (on Elections') authority, all precinct boards of election inspectors had been instructed to declare as stray all 'Cayetano' votes. What it (COMELEC) gave in one hand it, took away in the other," said Cayetano.

He added: "Far from performing its duties, the Commission has taken a lead role in sowing confusion in the counting of votes cast for petitioner. Doubtless, the declaration of 'Cayetano' votes as stray will affect the over tally of votes for petitioner."

DOUBTFUL

The civil society group "Black and White Movement," meanwhile, criticized the COMELEC's rulingagainst Cayetano.

"While it is not surprising that Joselito Cayetano was declared a nuisance candidate, it is mind blowing that COMELEC decided to keep 'Jojo' on the official list of candidates," it said.

"Even more fabulous is the ruling that votes cast as simply 'Cayetano' would be considered stray votes," it added.

Based on the latest exit polls commissioned by ABS-CBN Broadcasting Corporation and survey firm Pulse Asia, Cayetano placed 13th on the list with 31 percent of votes.

GO's senatorial bets Loren Legarda, Francis Escudero and Manuel Villar filled the top three places.

Cayetano, however, said it is still too early to rely on the results of the exit polls' results.

"Sa case ko, estimate ko and I respect Pulse Asia, eight percent ang nawawala sa akin (In my case and as I estimate it, eight percent of my votes are missing)," he told ABS-CBN's "TV Patrol World."

He said the exit polls' results might have yet to take account the outcome of his two-week media blitz telling voters to write his full name of "Alan Peter Cayetano" instead of his surname only.