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Dy can't sit as Isabela governor yet, Comelec says

December 17, 2009 1:02pm
The Commission on Elections (Comelec) has rejected the petition of Benjamin Dy to immediately sit as Isabela governor following the decision of the poll body that it was he, and not incumbent governor Grace Padaca, who won in the 2007 elections.

Dy’s lawyer Maria Bernadette Sardillo asked the poll body to immediately implement its December 8 decision to unseat Padaca. The Comelec's Second Division ruled that the tally of votes in the 2007 Isabela gubernatorial race should be 199,435 for Dy and 198,384 for Padaca, or a winning margin of 1,051 in favor of the former. (See: Comelec unseats Padaca as governor of Isabela)



But the Comelec said it could not allow Dy to assume the post until the poll body resolves the motion for reconsideration filed by Padaca questioning the decision against her. (See: Padaca challenges Comelec ruling on 2007 victory)

Dy was given five days to contest Padaca's motion, while Padaca was given three days by the Comelec to answer Dy's opposition to her motion.

"We've always maintained that we've submitted ourselves to the jurisdiction of the commission so we will respect whatever is the resolution of the commission," Sardillo told reporters.

No knowledge about the case?

Meanwhile, Sardillo said lawyer Romulo Macalintal’s comment on the Padaca case was “unfair and irresponsible" because “he has no knowledge about the case."

Macalintal, lawyer of President Gloria Macapagal Arroyo, earlier said his 25-year experience as an election lawyer had taught him that the Supreme Court could strike down “anomalous" election protests and prevent the Comelec from unseating a government official.

In fact, he said he was even willing to give up his practice of election law should Padaca be unseated.

Para saan pa 'yung 25 years ko, kung hindi ako sigurado na hindi papayag ang Comelec en banc at ang Supreme Court. I’ll stop practicing election law if she’s unseated," Macalintal said.

Asked why he was willing to put his career on the line, Macalintal said he was “doing it for a friend."

Sardillo, however, said that Macalintal did not know what he was talking about. She said Macalintal’s assertion that Dy's camp had claimed that only one person wrote on 18,000 ballots in favor of Padaca was not true.

“That’s not our statement, we never said that only one person wrote the name of Governor Padaca in the 18,000 ballots," she said, clarifying that they had seen similar handwriting on about 50 ballots in many precincts. - KIMBERLY JANE T. TAN, GMANews.TV