MANILA, Philippines - The Commission on Elections issued Friday its writ of execution on the en banc's decision declaring Roberto Pagdanganan as the winner of the 2007 gubernatorial contest in Bulacan.
Pagdanganan personally waited at the Comelec electoral contest and adjudication department to receive a copy of the writ of execution before leaving for Bulacan. He is expected to take his oath as governor before the provincial election supervisor.
Before the release of the writ of execution, Mendoza's lawyer, Atty. Sixto Brillantes, filed two urgent motions to set aside the March 4, 2010 en banc order denying Mendoza's motion for reconsideration and granting Pagdanganan's motion for execution.
Brillantes said the en banc order is flawed by virtue of its language when it stated on page 4 that the en banc affirmed the Comelec 2nd Division's resolution denying the motion for reconsideration and granting the writ.
Brillantes said the motion for reconsideration was never ruled upon by the 2nd Division. He also insisted that Mendoza has 30 days to elevate the ruling to the Supreme Court before the order becomes executory, which means even with the release of the writ of execution, Pagdanganan still cannot take over as governor.
The Comelec on Thursday junked Mendoza's motion for reconsideration, which seeks to overturn the 2nd Division's decision declaring Pagdanganan as the true winner of the Bulacan gubernatorial race.
The Comelec en banc explained that since Mendoza's motion for reconsideration did not receive the majority of 4 votes, the ruling of the 2nd Division stands declaring Pagdanganan as the new Bulacan governor.
The commission en banc voted 3-3-1 on Mendoza's motion, with 1 commissioner favoring Mendoza, 3 commissioners backing the 2nd Division's previous ruling, and 3 abstained.
Commissioner Nicodemo Ferrer, Elias Yusoph and Lucenito Tagle of the Comelec's 2nd Division stood by their decision declaring Pagdanganan as the rightful winner of the 2007 gubernatorial contest in Bulacan.
Comelec Chairman Jose Melo and Commissioners Gregorio Larrazabal and Armando Velasco abstained from voting while Commissioner Rene Sarmiento opposed the 2nd Division's decision. Ina Reformina, ABS-CBN News