Election lawyer Romulo Makalintal, Cuaresma’s legal counsel, said the Comelec en banc, in a 3-2 vote, granted her petition seeking to overturn the earlier resolution of the poll body’s second division nullifying her proclamation as the duly elected governor in the 2004 elections.
The Comelec also junked the petition of former board member Leonardo Perez, Cuaresma’s closest rival in the 2004 polls, to nullify her proclamation due to alleged election fraud.
In an interview with dwRV-Radio Veritas here, Makalintal said Comelec chairman Benjamin Abalos, along with Commissioners Florentino Tuazon and Rene Sarmiento, voted to overturn the second division’s resolution ordering Cuaresma to vacate her post in favor of Perez, son of former senator and Comelec chairman Leonardo Perez Sr.
On the other hand, Commissioners Resurreccion Borra and Romeo Brawner voted to uphold the resolution which the second division handed down in January last year.
"Thank God, it’s over. From the very start I honestly believe I won the elections fair and square and our constituents know it," said Cuaresma, the fifth woman to assume the governorship of this region’s second oldest province, which is also the gateway to Cagayan Valley.
In the 2004 elections, the provincial board of canvassers proclaimed Cuaresma as governor after she posted a lead of more than 2,000 votes over Perez. The third candidate was human rights lawyer Ernesto Salunat of the Lakas-CMD.