As Comelec en banc declares Pagdanganan Bulacan governor; poll body to implement writ of execution vs Mendoza
March 8, 2010 12:47 pm
MALOLOS, Bulacan, March 8 — Commission on Elections (Comelec) Region 3 Assistant Director lawyer Emmanuel Ignacio on Monday assured that they would implement the writ of execution released by the Comelec en banc ordering embattled governor Jon-Jon Mendoza to vacate his post and allow newly–declared gubernatorial winner Roberto Pagdanganan to assume as governor of the province.
Under the rules of procedure, Ignacio said that they are tasked to personally serve the order to Mendoza.
However, if there is a resistance, he said, they would implement the second option which is the substituted service.
He explained that under the substituted service, they would serve and post the Comelec en banc order in front of the office of the governor and it shall be deemed serve and effective.
If Mendoza resisted and did not receive the order within three to four hours, "we will state in the Return of Service that we waited for Mendoza for several hours."
”Pagkatapos noon effective na ang order (After that, the order is effective),” Ignacio said.
“Ginagampanan lang namin ang aming katungkulan, pipilitin po naming na matapos ito in a peaceful manner" (We are just abiding with our duties, we would like to finish this in a peaceful manner), he said.
It can be recalled that last week the Comelec en banc has denied with finality the motion for reconsideration filed by Mendoza and subsequently approved the motion for writ of execution filed by Pagdanganan.
But Mendoza insisted that the decision of the Comelec en banc is not final and executory as he has to wait for the decision of the Supreme Court where they have filed for temporary restraining order to stop the Comelec from implementing the writ.
“Binibigyan pa ako ng 20 days para iapela sa Korte Suprema ang decision at kung sabi nila na dapat sumunod sa batas dapat nilang igalang iyong proseso dahil karapatan ko iyon (I was given 20 days to appeal to the Supreme Court the decision and if they are saying that we need to follow the law, they should respect the process because it is my right)” Mendoza said.
Mendoza said he has been vilified and disrespected with the decision of the Comelec en banc.
Meanwhile, Pagdanganan said he would definitely assume as governor of Bulacan as soon as the Comelec has served the order.
“Hindi po pag-aari ni Jon-Jon ang probinsiya, hindi po ito Kapitolyo ni Jon-Jon. At hindi niya maaaring harangin ang kautusan ng batas. Kahit naman po hindi sa kapitolyo ay maaari tayong magserbisyo bilang bagong gobernador, ang mahalaga nasa atin na po ang mandato at nasa panig natin ang batas (The province is not owned by Jon-jon. This is not Jon-jon’s capitol. And he cannot prevent the rule of the law. Even not in the capitol, we can serve as new governor. What is important is the mandate of the law is with us),” Pagdanganan said.
Pagdanganan, who garnered 342,321 votes, was declared winner with a margin of 4,321 votes against Mendoza, who got 337,974 votes.
In 2007, Mendoza won in 14 out of 24 towns, barely beating Pagdanganan.
Mendoza got 364,566 votes while Pagdanganan got 348,834 votes.
Their battle then was seen as a proxy war between Mendoza's sister, three-term governor Josefina dela Cruz, and Pagdanganan, who was trying to re-take the position that he left in 1998.
It can be noted, however, that neither Pagdanganan nor Mendoza are running for governor in May 2010 polls.
The embattled governor is running for congressman of the third district of Bulacan against incumbent Rep. Lorna Silverio. Mendoza's sister, Dela Cruz, is seeking the governorship again.
Pagdanganan, on the other hand, is seeking the congressional seat of the first district. (PNA)
FFC/zst/JM/ps
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