[SIZE="3"]Unseating of Panlilio as governor starts[/SIZE]
By Tonette Orejas
Central Luzon Desk
First Posted 19:41:00 02/09/2008
CITY OF SAN FERNANDO -- LOSING PAMPANGA gubernatorial candidate Lilia Pineda has won her bid for a recount of votes against Gov. Eddie Panlilio, a Catholic priest.
Pineda has moved closer to her attempt to unseat Panlilio after the Commission on Elections en banc denied the governor’s motion for reconsideration to junk the Aug. 1, 2007, resolution of the Comelec’s second division.
Panlilio beat Pineda by 1,147 votes in what political observers described as an unusual, controversial and, at the same time, “transformational” elections in Pampanga, the home province of President Macapagal-Arroyo, in May 2007.
Reelectionist Gov. Mark Lapid, son of Sen. Manuel “Lito” Lapid, placed third in that race.
Also in the Feb. 6 order, the Comelec allowed the inventory and transmittal of ballot boxes to the Comelec office in Manila.
Yardstick
Pineda could not be reached for reactions on Saturday. Her aide said she went to the United States last week.
In the five-page order, acting Comelec Chair Romeo Brawner and Commissioners Rene Sarmiento, Nicodemo Ferrer and Moslemen Macarambon said they denied Panlilio’s motion for “lack of merit.”
They said the motion was denied because it asked for an “interlocutory order,” which is to certify the motion, and that it had been resolved already by the second division’s Aug. 1, 2007, order.
The Comelec en banc defined interlocutory orders as “those that determine incidental matters, which do not touch on the merits of the case or put an end to the proceedings.”
“Applying the foregoing yardstick, it has been held that a denial of a motion to dismiss, as in this case, is an interlocutory order,” it said.
Pineda had accused Panlilio of cheating her of victory. Panlilio also claimed that vote-buying and other forms of cheating attended last year’s elections in Pampanga.
He said he has asked his volunteer-lawyers—Ernesto Francisco Jr., Romulo Macalintal, Leila de Lima, Sixto Brillantes and Pete Quadra—to file a petition for certiorari with the Supreme Court on Monday to review the Comelec’s order.
Francisco said he and his colleagues would also move for the issuance of a temporary restraining order or a status quo order.
“I believe the Supreme Court could also be our beacon of hope in this electoral battle,” Panlilio told the Inquirer.
Sham protest
He said Pineda’s electoral case was a “sham protest” as it was copied from another case in Batangas and thus should have been dismissed outright.
Panlilio said it was “not my victory that is at stake here.”
“The voices and victory of Kapampangan voters wanting true good changes in our government are at stake in this contest. I was only given the mandate to lead,” he said.
Also at risk in the recount move are the reforms his administration has introduced at the provincial capitol, he said.
Panlilio has improved the collection and regulatory system of the quarry industry, enabling the capitol to earn revenues of P144 million as of Feb. 7.