Comelec to re-hear Pagdanganan-Mendoza case

Amid the controversy surrounding the fight over the Bulacan gubernatorial post, the Commission on Elections (Comelec) said Thursday it will re-hear the electoral protest filed by former Agrarian Reform Secretary Roberto Pagdanganan against incumbent Governor Joselito "Jon-Jon" Mendoza. In a chance interview, Comelec Commissioner Nicodemo Ferrer told reporters they will conduct another hearing on Monday because they had failed to come out with a resolution last Tuesday that was promulgated with a majority vote from the commission. "Under the rules, to promulgate a resolution there must be a vote of four votes so we were not able to achieve the required four [votes]," Ferrer said. In May 2007, the Provincial Board of Canvassers proclaimed Mendoza as the duly elected governor of Bulacan with 364,566 votes against Pagdanganan's 348,834 votes, a margin of 15,732 votes. But the poll body said a recount showed that Pagdanganan actually received 342,295 votes compared to the 337,974 ballots cast in favor of Mendoza, a margin of 4,321 votes.

Mendoza appealed the Comelec ruling but on Tuesday, the poll body declared that Pagdangan can finally assume the gubernatorial post. The decision was supported by Commissioners Nicodemo Ferrer, Elias Yusoph, and Lucenito Tagle, all of whom are members of the second division which had earlier unseated Mendoza. Sarmiento dissents Only Commissioner Rene Sarmiento, who heads the first division, dissented. Comelec chairman Jose Melo and Commissioners Gregorio Larrazabal and Armando Velasco refused to participate in the deliberation and vote on the proceedings. Both Melo and Larrazabal said they know some of the concerned parties while Velasco said that he does not want to vote without access to evidence supporting the electoral protest. And despite having only only three votes, the poll body still ordered the Provincial Election Supervisor of Bulacan, in coordination with the Provincial Operations Officer of the Department of Interior and Local Government to implement the en banc resolution. This, said Ferrer, is the reason why they need to conduct another hearing on Monday. He said they need to take another vote, this time hopefully with at least four votes for a certain position. Writ of execution He added that as of the moment, Mendoza can still occupy the gubernatorial seat. "Wala pang writ of execution eh. There must be a writ of execution," he said. But if Mendoza's motion for reconsideration is denied and Pagdanganan's victory is upheld, Ferrer said the sitting governor must immediately vacate the position. "If that happens then the resolution in the second div wil prevail. In other words, denied ung MR.. then yung immediate execution will be granted na," he said, adding that even if the matter is elevated to the Supreme Court, Pagdanganan can still assume the post if he is declared the victor. - RSJ, GMANews.TV