Carry out ruling on Vizcaya gov row, poll body told

BAYOMBONG, Nueva Vizcaya — Former Nueva Vizcaya board member Leonardo Perez Jr. asked the Commission on Elections (Comelec) to issue a writ of execution enforcing its first division’s Jan. 31 resolution unseating Gov. Luisa Lloren-Cuaresma and declaring him the winner of the 2004 gubernatorial race.

Perez, son and namesake of former senator and Comelec chairman Leonardo Perez Sr., said they have filed a motion asking the Comelec to issue the writ of execution so he can assume the position of governor.

"I am avoiding confrontations as much as I can. My next move will depend on the ruling of the Comelec on the motion for reconsideration filed by the other side," Perez said.

Last Thursday, Cuaresma’s legal counsels led by lawyer Romulo Macalintal filed the motion for reconsideration to the first division’s resolution nullifying her proclamation as governor.

The provincial board of canvassers declared Cuaresma winner with a margin of more than 2,000 votes over Perez.

However, in the revision of votes conducted by the Comelec’s second division, Perez was found to have garnered 53,715 votes compared to Cuaresma’s 53,037, or a margin of mere 638 votes.

The 14-page Comelec resolution favoring Perez was signed by Commissioner Rufino Javier, presiding officer of the first division, and his members, Commissioners Resurreccion Borra and Romeo Brawner.

Cuaresma’s lawyers, however, argued that the resolution is not yet final and executory, saying the Comelec en banc still has to affirm or overturn it.

Board member Edu Balgos, also one of the Cuaresma’s legal advisers, said the governor can still go to the Supreme Court if she loses in the Comelec en banc.

"It’s still a long, long process before the election case is finally resolved," he said.

Perez, through his lawyer, Francisco Sibayan, however, said the resolution unseating Cuaresma is "immediately executory."

Last Friday, Cuaresma, in a hastily called press conference, declared that she is still the governor. The Comelec resolution has sown confusion among Capitol employees and Novo Vizcayanos as to who is now the legitimate governor of this landlocked province.