Comelec rejects rulings on poll case vs mayor

>> Monday, April 7, 2008

By George Trillo

MAGALANG, Pampanga -- The Commission on Elections has allowed embattled Mayor Lyndon Cunanan to continue to function as chief executive of this town after Comelec Chairman Jose Melo questioned recent decisions of the Angeles City Regional Trial Court and regional office of the Department of Interior and Local Government declaring Romulo Pecson winner in the last mayoral election here.

Comelec Chairman Melo said during the hearing of the case at the Comelec that the RTC has no jurisdiction over the case because it is still pending before the poll body.
As a result of this verbal ruling, Melo allowed Cunanan to continue holding office pending decision on the protest case.

At the same time, the Comelec gave five days to both parties to submit their memoranda.

Earlier, the DILG affirmed the RTC decision declaring Pecson winner in the electoral protest he had filed.

The affirmation was made despite the April 1 hearing set by Comelec.
Pecson, Angeles City businessman and owner of the Roels Hotdog, has been holding office and signing documents since last March 24 because of the DILG’s order affirming the RTC decision.

"Considering that no injunction or order has been issued by Comelec suspending the effectivity of the writ of execution issued by the RTC Branch 56 in EPE Case No. (07) 0751 Re: Romulo F. Pecson versus Lyndon A. Cunanan, this office pursuant to the writ hereby recognizes Romulo Pecson as the mayor of the municipality of Magalang, Pampanga," DILG Regional Director Josefina Castilla-Go stated in her memorandum issued last March 24.

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