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Comelec ruling on crucial Panlilio-Pineda case out Thursday

By PUNTO CENTRAL LUZON SAN FERNANDO, Pampanga.—A close ally of President Gloria Macapagal Arroyo may yet regain the governorship of Pampanga, the province where she is seeking a congressional seat in the May elections. The Commission on Elections is scheduled to promulgate on Thursday its decision on the electoral case filed by former provincial board

By verafiles

Feb 9, 2010

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By PUNTO CENTRAL LUZON

SAN FERNANDO, Pampanga.—A close ally of President Gloria Macapagal Arroyo may yet regain the governorship of Pampanga, the province where she is seeking a congressional seat in the May elections.

The Commission on Elections is scheduled to promulgate on Thursday its decision on the electoral case filed by former provincial board member and Arroyo ally Lilia Pineda against Catholic priest Gov. Eddie Panlilio.

The case could go either way, but it is being decided in the Second Division, headed by Commissioner Nicodemo Ferrer, who had earlier ruled against Isabela governor Grace Padaca in the electoral contest filed against her by her opponent, former governor Benjamin Dy.

Both Panlilio and Padaca ran against well-entrenched political families in their respective provinces and won on what were perceived to be progressive platforms of government. Their opponents have been trying to unseat them.

The Second Division sent out notices to both Panlilio and Pineda saying it would promulgate its decision at the Comelec session hall in Manila at 2 p.m. on Thursday.

The results of the recount conducted last September will also be disclosed during the promulgation. Pineda had earlier asked for a recount of the gubernatorial votes cast in Pampanga in 2007, when she lost the governorship to Panlilio by 1,147 votes.

The Comelec’s ruling could either uphold Panlilo’s petition for reconsideration or Pineda’s petition for execution.

Pineda’s lawyer George Garcia said legal fireworks are expected, no matter which way the Comelec decides.

Garcia said that if the verdict favors Pineda, he would immediately file a petition for execution that would install Pineda as governor.

While stressing he had no hint on the verdict of the Second Division, Garcia cited at least 10 decisions in which the Supreme Court favored the execution of Comelec verdicts on electoral conflicts similar to that filed by Pineda.

“The Supreme Court has lately been favoring the execution favoring the candidate to assume post even belatedly, considering how much candidate has already been deprived of his or her rightful term,” he said.

But Panlilio’s legal counsel Ernesto Francisco said the verdict would not be immediately executory and that in case his client loses in the case, a petition for reconsideration would immediately be filed.

Garcia said the legal counsels of both parties are expected to be ready to file either a petition for reconsideration or a petition for execution immediately after the Comelec verdict is promulgated.

“It’s expected that the party who losses in the case would seek reconsideration of the verdict, while the one favored by the verdict would want the decision implemented soonest,” he said.

Panlilio and his lawyers have been pessimistic about the case filed by Pineda who is known to be a close friend of President Arroyo. In the 2007 elections, Panlilio, a former parish priest, ran as independent candidate, while Pineda was the candidate of the administration Kabalikat ng Mamamayang Pilipino (Kampi) party.

Garcia also said should Pineda assume the gubernatorial post, which expires on June 30, she would not be deprived of entitlement to three more successive full terms.

The term from 2007 to 2010 will not be deducted from her entitlement as she was not able to serve it in full, Garcia said.

The Local Government Code limits local officials to only three successive terms.

Panlilio is seeking reelection as the official candidate of the Liberal Party while Pineda is also running anew for governor as candidate of the administration Lakas-Kampi-CMD party.

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