Comelec officials urged to take stand, vote on Bulacan stand-off

Members of the Commission on Elections should already take a stand to settle the electoral protest filed against sitting Bulacan Governor Joselito "Jon-Jon" Mendoza by former Agrarian Reform Secretary Roberto "Obet" Pagdanganan. All members of the the poll body commission should make sure that they vote on the Monday re-hearing of the Mendoza-Pagdanganan case, Comelec Commissioner Nicodemo Ferrer said. "The very function of this hearing is to afford all the seven of us to study the matter and change our stand," he told reporters. Ferrer issued the statement after three Comelec officials – chairman Jose Melo and Commissioners Gregorio Larrazabal and Armando Velasco – refused to participate in the deliberation and vote on the proceedings, making the resolution that declared Pagdanganan as the rightful governor of Bulacan ineffective. Only Commissioner Rene Sarmiento, who heads the first division, dissented. On the other hand, the second division comprised of Ferrer, Commissioners Lucenito Tagle and Elias Yusoph voted in favor of Pagdanganan. "For the en banc to come up with the decision, there must be a majority of four votes," he said. He cited the Supreme Court decision on Estrella versus Comelec saying that the "Comelec en banc shall decide a case or matter brought before it by a majority vote of "all its members," and not majority of the members who deliberated and voted thereon." Meanwhile, he advised the two parties to stay "cool" while they iron out the matter. "Regardless of what [the decision] would be, if we issue a resolution pending appeal, we can issue a writ of execution pending appeal," he said, adding that both parties will be required to submit memoranda during the hearing He said that the losing party, if they wish, can always obtain a temporary restraining order from the Supreme Court. 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. - RJAB Jr., GMANews.TV