Borra said Commissioner Rufino Javier now has the resolution and will pass it on to Comelec chairman Benjamin Abalos Sr. for signing and promulgation.
Regardless of the votes of Rufino and Abalos, the resolution is deemed approved with the majority vote.
Besides Borra, those who favor the TRO’s lifting are Commissioners Florentino Tuason Jr., Manuel Barcelona Jr. and Mehol Sadain, who drafted the resolution.
It was not clear if Commissioner Virgilio Garcillano Jr. would join the majority. He earlier said he would abstain.
The Comelec’s first division, composed of Javier, Garcillano and Borra (who dissented), issued the TRO last Saturday in favor of a petition of incumbent Isabela Gov. Faustino Dy Jr. who alleged that Padaca, a polio victim who walks with crutches, connived with communist rebels in terrorizing Isabela voters.
Padaca led Dy in the provincial Comelec count by more than 20,000 votes. The tally, however, excluded the certificates of canvass from six towns which both camps have questioned.
In the complete but unofficial count of the National Movement for Free Elections (Namfrel), Padaca posted a margin of 42,728 votes over Dy.
Borra said Javier’s signature is the one stalling the resolution’s promulgation.
"Maybe, he (Javier) is not in his office, but (the resolution) will be released soon. If he does not want (to sign it), he can inhibit or (state no participation) and let the majority decision prevail," he said.
Javier could not be reached for comment. He was not at his office at press time, neither would he answer his cellular phone or reply to text messages.
But one of his staffers said they have yet to see the resolution.
Borra said Javier has set a hearing on Dy’s disqualification case against Padaca on June 4.
"So there will be a hearing on that. I think the notice is being sent. But definitely the resolution signed by the majority is about to be promulgated," Borra said.
He said the resolution could be issued either before or after the hearing.
But Padaca quoted Abalos as assuring her that she would be proclaimed not later than June 3.