Isabela gubernatorial tiff: Padaca holds ground as Dy fails to get writ of execution

>> Sunday, December 20, 2009

BAYOMBONG, Nueva Vizcaya– Governor Grace Padaca has a 15-day period to file another motion for reconsideration had the poll body again favored her rival’s motion to eventually make her vacate her post to pave the way for Dy’s assumption.

However, reports indicated that the camp of former governor Benjamin Dy Thursday failed to obtain from the Second Division a writ of execution, which could have paved the way for Dy to take over the Isabela governorship after the same division nullified Padaca’s winning in the 2007 polls.

Padaca said she hoped the poll body would reconsider the Second Division’s decision considering the credibility of the material evidence they submitted affirming her victory over Dy in the 2007 elections.

“The (Second Division) has yet to prove how Benjamin Dy overtook my 17,207-vote winning margin (in the 2007 elections) by even leading by 1,051 votes,” Padaca said.

Further, police have readied contingency measures for untoward incidents that may arise between the camps of Padaca and Dy following last week’s Commission on Elections Second Division resolution declaring the latter the duly elected governor over the former in the 2007 gubernatorial race.

While failing to secure a writ of execution for now, the Dy camp said their rival camp, likewise, was not able to get a temporary restraining order against the Second Division order installing him as governor.

Both rival parties were reportedly given another five days to submit further arguments to their respective motions. Dy is bidding to obtain a writ of execution for his assumption into office from the Second Division while Padaca hopes to get a TRO against her ouster.

“The camp of Gov. Padaca can still file a motion for reconsideration (had the decision been adverse to her for the second time),” said renowned election lawyer Romulo Macalintal, who earlier described last week’s Comelec pro-Dy ruling as “scandalous, anomalous and shameful.

Also President Arroyo’s election lawyer, Macalintal, who earlier vowed to stop practicing election law if Padaca will be unseated, said that in case Dy is still able to get a writ of execution, the Padaca camp can still file a TRO before the Comelec to stop Dy’s assumption into office.

Isabela provincial director Senior Supt. Jimmy Rivera said that they have dispatched a police contingent to ensure peace and security at the capitol in Ilagan town where Padaca supporters were conducting a prayer rally simultaneous with their Manila counterparts in front of the Comelec central office denouncing the Second Division’s ousting Padaca.

Earlier, Padaca vowed to fight her ouster all the way to the Supreme Court. Likewise, the Dy camp said they will adhere to legal processes, assuring they will not resort to force or violence in taking over the capitol in case the Comelec will again decide in their favor.

Padaca said that her colleagues in the Kaya Natin! Movement, who include Pampanga Gov. Ed Panlilio and Catholic priest Fr. Robert Reyes as well as officials and students of the Lyceum University of the Philippines were leading protest action in front of the Comelec central office amid the ongoing hearing on Dy’s petition.

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