"I will not forsake my province. I will continue to be their number one public servant in or out of office but I will not allow the communists to lord it over my province," Dy said in a statement.
Sought for comment, the 40-year-old Padaca said she was not surprised about Dy’s plan.
"I pity them. They should accept the will of their constituents. If they want to preserve the legacy of their father, they should refrain from doing so and just accept their fate," she said.
She was referring to the late Faustino Dy Sr. who was the longest-serving governor of Isabela, the country’s third largest province.
But Padaca added that it is Dy’s right to seek legal remedy. "They may resort to anything legal if they want to. That’s their right," she said.
In last Friday’s hearing, Comelec Commissioner Resurreccion Borra said the poll body would lift the temporary restraining order for Padaca’s proclamation.
He said the en banc resolution lifting the TRO just needed the signature of Commissioner Rufino Javier.
The Comelec’s first division issued the TRO last May 22 just as the Isabela board of canvassers was readying the proclamation of Padaca, who led Dy in the canvassing.
The first division acted on Dy’s petition accusing Padaca, a polio victim who walks on crutches, of having employed terrorism with the help of communist rebels.
Dy also has a pending petition with the provincial election supervisor seeking Padaca’s disqualification, alleging that rebel groups campaigned for her by intimidating voters.
Padaca has repeatedly denied Dy’s allegations. Even the New People’s Army has belied the governor’s claims.
Dy’s legal counsel Pete Cuadra said the Comelec, in its decision to lift the TRO, has denied his client due process by not giving them the chance to present evidence.
This, Cuadra said leaves them with no recourse but to elevate the issue to the Supreme Court where they would seek a "status quo ante."