Comelec welcomes JDV plan to appeal to Supreme Court

MANILA, Philippines - The Commission on Elections (Comelec) yesterday welcomed the plan of Pangasinan Rep. Jose de Venecia Jr. to appeal before the Supreme Court (SC) his petition questioning the merger of Lakas-CMD and the Kabalikat ng Malayang Pilipino (Kampi).

Comelec spokesman James Jimenez said De Venecia has all the right to appeal and include the poll body as a respondent to the case.

“It’s his right to do that as a recourse… but what he was questioning was the wisdom of the decision and the issue of wisdom is beyond the commission,” Jimenez said.

Jimenez said Comelec’s jurisdiction on the case was only to decide on the legality of the merger.

He said the Comelec ruling was based on the evidence presented by De Venecia and Malacañang.

De Venecia said he is willing to fight it all the way to the high tribunal if his motion for reconsideration would be denied by Comelec.

De Venecia issued a statement in arguing the Comelec did not pass on the issue that the merger was unilaterally made without consultation and ratification by the national assembly of the newly merged party.

“What the merged party submitted to the Comelec was only a declaration of the national directorate of Lakas-CMD which is not the body mandated to make the ratification under Lakas-CMD’s constitution and bylaws,” De Venecia said.

“Thus, the merger that will result in the dissolution of the Lakas-CMD is not binding on the members of the party,” he added.

De Venecia filed a petition before the Comelec last September questioning the legality of the merger between Lakas and Kampi, the political party founded by President Arroyo in 1998.

De Venecia, one of the co-founders of Lakas-CMD, argued the illegality of the merger with Kampi since it was not ratified by the national assembly of Lakas-CMD.

Last Saturday, the Comelec ruled in favor of the merger and gave it accreditation as the majority party for the 2010 elections.

Senior administration lawmakers predicted De Venecia would lose the case.

Nueva Ecija Rep. Rodolfo Antonino said any effort from the former speaker to file a motion for reconsideration over the Comelec ruling would also be useless.

“The Comelec has consummated the marriage (between Lakas and Kampi). I am confident that any appeal will suffer the same fate,” Antonino said,

Antonino believed De Venecia would lose all legal efforts to review the Comelec ruling since the Lakas-Kampi merger has substantially complied with the rules of both parties.

Zambales Rep. Ma. Milagros “Mitos” Magsaysay said the question on the merger should be put to rest after the Comelec made the ruling over the issue.

“I hope that this will put the issue to rest as the Comelec already ruled in favor of the merger,” she said.

Speaker Prospero Nograles, who sits as co-vice chairman of Lakas-Kampi-CMD, along with Interior Secretary Ronaldo Puno expressed gratitude for the Comelec commissioners for their “swift decision.”

“Personally, it was expected and did not really surprise me at all. I’m just glad that this will hopefully put some kind of sense to the doubting minds of some quarters especially those who have been working overtime to sow intrigues within the Lakas-Kampi-CMD,” Nograles said. 

He said the merged party could now proceed in building unity and preparations for the 2010 elections “without carrying any legal excess baggage caused by the ragtag group of JDV (De Venecia),” Nograles added. –With Delon Porcalla