Comelec set to order Ejercito's removal

By Pia Gutierrez, ABS-CBN News

Posted at May 27 2014 02:41 PM | Updated as of May 28 2014 01:31 AM

MANILA - The Commission on Elections (Comelec) is expected to release its order replacing disqualified Laguna Governor ER Ejercito anytime today or tomorrow.

Chairman Sixto Brillantes told media this afternoon that he is set to meet with Vice Governor Ramir Hernandez this afternoon about his assumption to the gubernatorial post.

"Pero first things first. Dapat sumumpa muna na sya na ang bagong governor ngayon. What we are discussing is whether we should be the one to administer the oath to him or anyone else," Brillantes said.

Brillantes said that original petitioner Egay San Luis has already filed a motion for the issuance of the writ of execution to the Comelec.

San Luis, who lost to Ejercito during the 2013 elections, accused Ejercito of overspending during the campaign.

"What we are doing is we want to precipitate everything already by granting the motion of Egay San Luis. We will issue the writ of execution as a consequence of the grant and then we will throw it to the Department of the Interior and Local Government for implementation," he said.

The writ of execution basically declares ER Ejercito as disqualified, and that succession will immediately apply.

This means that the vice governor now becomes the governor of Laguna, despite Hernandez not being a petitioner to the case.

However, if the Supreme Court grants Ejercito's motion for a temporary restraining order (TRO) today, then the Comelec will not be able to implement the writ, Brillantes said.

The Comelec earlier gave Ejercito's camp 5 days to ask the Supreme Court for a TRO.

Brillantes said that as long as the writ has not been served to Ejercito, he remains to be the governor of Laguna.

"Ang problema lang, hindi namin alam kung paano iseserve, kasi hinarang nya na lahat," the Comelec chief said.