CITY OF SAN FERNANDO – Legal fireworks are expected to ensue from the verdict slated to be promulgated on Thursday by the Second Division of the Commission on Elections (Comelec) on the electoral case filed by former provincial board member Lilia Pineda against Gov. Eddie Panlilio.
It will be a conflict between a petition for reconsideration and a petition for execution regardless of who the Comelec’s decision would favor, Pineda’s lawyer George Garcia told Punto in a telephone interview.
Garcia said that if the verdict favors Pineda, he would immediately file a petition for execution that would install Pineda as governor.
This, even as 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.
The Second Division, headed by Commissioner Nicodemo Ferrer, sent out notices to the parties of Panlilio and Pineda saying it would promulgate its decision at the Comelec session hall in Manila at 2 p.m. on Thursday.
Last September, the Second Division finished its recount of gubernatorial votes cast in Pampanga in 2007 as petitioned by Pineda who lost to Panlilio by 1,147 votes. The results of the recount would be disclosed only this Thursday during the promulgation of the division’s decision.
Garcia said that 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 Pres. 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 said he himself felt “nervous” about the possible verdict on the case, adding he had no hint at all on who would be declared winner in the 2007 gubernatorial race.
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.
Garcia also said that 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 fully her term, 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.
It will be a conflict between a petition for reconsideration and a petition for execution regardless of who the Comelec’s decision would favor, Pineda’s lawyer George Garcia told Punto in a telephone interview.
Garcia said that if the verdict favors Pineda, he would immediately file a petition for execution that would install Pineda as governor.
This, even as 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.
The Second Division, headed by Commissioner Nicodemo Ferrer, sent out notices to the parties of Panlilio and Pineda saying it would promulgate its decision at the Comelec session hall in Manila at 2 p.m. on Thursday.
Last September, the Second Division finished its recount of gubernatorial votes cast in Pampanga in 2007 as petitioned by Pineda who lost to Panlilio by 1,147 votes. The results of the recount would be disclosed only this Thursday during the promulgation of the division’s decision.
Garcia said that 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 Pres. 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 said he himself felt “nervous” about the possible verdict on the case, adding he had no hint at all on who would be declared winner in the 2007 gubernatorial race.
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.
Garcia also said that 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 fully her term, 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.
