SC favors Joselito Mendoza in Bulacan gubernatorial clash

(Update 6:08 PM) The Supreme Court on Tuesday upheld Joselito Mendoza’s mandate as Bulacan governor, blocking rival Roberto Pagdanganan’s attempt to take over the provincial capitol. Nine magistrates sided with Mendoza in his petition, four dissented and two abstained, Supreme Court spokesman Midas Marquez said. The high court said the Commission on Elections had gravely abused its power when it ordered Mendoza to leave the provincial capitol in early March. It noted that the Comelec decision unseating Mendoza could only be considered final through a majority vote. But Marquez said Pagdanganan’s camp could still appeal the tribunal’s ruling, adding that the court had to issue the ruling since its earlier order keeping the status quo was expiring today. Last March 16, the high court failed to come out with a ruling since opinions from the magistrates were still coming in at that time.
As a result, the full court extended the status quo order it had issued two weeks ago. (See: SC: Mendoza to remain Bulacan gov, for now) In a March 4 ruling, the Comelec junked with finality Mendoza’s appeal to reverse a previous decision declaring Pagdanganan the rightful governor of Bulacan. The month before, the poll body upheld a second division ruling favoring Pagdanganan, but it was not executed because it had failed to secure a majority vote. Earlier, Mendoza was unseated after a recount showed that his rival had received 342,295 votes compared with 337,974 ballots cast in his favor, a margin of 4,321 votes. As a result of the March 4 decision, the Comelec Second Division issued a writ of execution ordering Mendoza to leave the provincial capitol. But Mendoza contested the order, saying the order had caused "grave and irreparable damage" to him and the Bulacan electorate. In a 16-page supplemental position filed by his lawyer Sixto Brillantes in early March, Mendoza sought a temporary restraining order from the Supreme Court. Mendoza also asked the court to instruct Pagdanganan to stop "usurping, assuming and performing the functions of the contested position" until the Supreme Court resolves the electoral dispute. Tension Mendoza and his supporters did not take the Comelec order lightly, having barricaded the area in front of the Bulacan provincial capitol with trucks as early as February. Failing to force Mendoza out of the provincial capitol, Pagdangan ended up holding office at the nearby Blas Ople Building while waiting for Mendoza to leave. To kill time, hundreds of Mendoza’s supporters who gathered in front of the capitol building conducted prayer vigils and entertainment programs. Mendoza’s supporters also fortified barricades by adding barbed wires, but allowed visitors to go past the blockade only after wearing a pro-Mendoza sticker. The provincial capitol’s main entrance was also padlocked. Almost a month later, in March, a provincial election supervisor attempted to serve the writ of execution but Mendoza’s provincial legal officer declined it, saying it was illegal. The Comelec official ended up just posting the writ of execution on the walls of the capitol building. Mendoza’s supporters later ripped it off the wall. Comelec commissioner agrees with decision A Commission on Elections (Comelec) official on Tuesday agreed with a Supreme Court ruling which overturned a poll body decision unseating Bulacan Governor Joselito "Jonjon" Mendoza. The High Court just upheld his position not to allow Mendoza’s unseating in favor of former Agrarian Reform Secretary Roberto "Obet" Pagdanganan, Comelec Commissioner Rene Sarmiento told reporters. "Yung desisyon ko ay pabor kay (My decision was in favor of) Mendoza, they sustained me," he told reporters on Tuesday. Early this month, the Comelec en banc unseated Mendoza, saying that a recount showed that Pagdanganan is real winner of the 2007 Bulacan gubernatorial race. 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 the former secretary actually received 342,295 votes compared to the 337,974 ballots cast in favor of Mendoza, a margin of 4,321 votes. During the deliberation, second division commissioners Nicodemo Ferrer, Lucenito Tagle, and Elias Yusoph voted in favor of Pagdanganan's seating. However, Comelec chairman Jose Melo and Commissioners Gregorio Larrazabal and Armando Velasco refused to participate in the process. Only Sarmiento, who heads the first division, dissented. "I was a dissenting voice in that case... (I was) very consistent naman ako," he said. He said that he questioned how some votes in the electoral protest were counted twice or were not counted at all. "Dapat malinaw yung dahilan bakit tinatanggal ang votes na ito (It should be clear why these votes were not considered)," he said. - with Kimberly Jane T. Tan, LBG/RJAB Jr./NPA, GMANews.TV