Padaca stays as governor until appeal reaches SC

December 09, 2009 19:31:00
Villamor Visaya Jr.
Philippine Daily Inquirer





Original Story: http://politics.inquirer.net/view.php?db=1&article=20091209-241067


ILAGAN, Isabela, Philippines—A day after the Commission on Elections declared that Gov. Grace Padaca lost to former Gov. Benjamin Dy in the 2007 gubernatorial election, operations at the provincial capitol here remained normal as no group loyal to either official has started to mass up.

Padaca on Wednesday said she would continue to act as the province’s governor until her appeal reaches the Supreme Court.

“The capitol’s operation has not been disrupted by the (Comelec) decision. The other side (Dy) knows that the decision cannot be executed yet. There is a process and they know that I am within my rights to appeal the decision,” Padaca told the INQUIRER on Wednesday.

The Comelec Second Division ruled on Dec. 8 that Dy won the 2007 contest with 199,435 votes as against Padaca’s 198,384 votes, or a margin of 1,051 votes.

The Comelec, after annulling Padaca’s 2007 election victory, asked her to vacate her post in favor of Dy.

Padaca said her lawyers had started studying the decision in preparation for the filing of a motion of reconsideration within five days.

“It’s strange. It’s amusing. The decision [and its accompanying documents are] something like 12,000 pages … as if the purpose is to delay the review and the filing of a motion for reconsideration,” she said.

Should Dy’s motion for execution of the Comelec order be granted, Padaca said she might ask for a temporary restraining order (TRO).

“We might resort to seeking a TRO. I am sure my lawyers will exhaust all legal means. A TRO, appeal at the Comelec en banc, and if [this is] not favorable, [we] appeal to the Supreme Court,” she said.

Padaca asked the Dy family to help her in ensuring that peace would not be shattered in Isabela as they awaited the final resolution of the electoral conflict.

“They have been leaders [of Isabela] for so many years and I have been the leader for five years … so they [Dys] should ensure that peace must reign despite the legal row,” she said.

“[While] I am the sitting governor, I am still the [province’s] leader. Even Dy should consider me as his leader until he gets a motion to execute pending appeal. I hope no one will get hurt in this conflict, an incident that would put Isabela to shame,” Padaca said.

Dy, in an interview on Tuesday, described the decision as the “best Christmas gift” that he and his fellow Isabelinos received.

“The best thing that we can pursue is to ask for a motion for execution … and to see to it that the Comelec … will serve the order,” he said.

“It would be fair … if I can reclaim the post I rightfully own and given by the people,” he said.

Dy said he would abide by the legal processes until he reclaims the seat.


Original Story: http://politics.inquirer.net/view.php?db=1&article=20091209-241067