MANILA, Philippines - A Commission on Elections (Comelec) official on Thursday said that Roberto Pagdanganan is not yet allowed to take over Bulacan province's gubernatorial seat despite the poll body's 2nd Division ruling favoring his electoral protest against sitting governor Joselito Mendoza.

"They are presumed to know the law. The [2nd Division's] resolution cannot be enforced," Comelec legal chief Ferdinand Rafanan announced in an interview with ABS-CBN's Umagang Kay Ganda (UKG).

Rafanan said that the commission en banc's 3-3-1 voting on the 2nd Division's ruling, ordering Mendoza to vacate his post for Pagdanangan, is a tie and "not a majority decision."

"In case of a tie, there will be a rehearing. Both parties will again be invited to witness the commission en banc's voting. In case there is a tie again, the 2nd Division's ruling can be enforced," the Comelec legal chief explained.

Comelec spokesman James Jimenez could not confirm the exact date for the rehearing, but assured that it will take place next week.

Rafanan reiterated that Pagdanganan could not take over Bulacan's gubernatorial post without a final ruling from the commission en banc.

Mendoza, in a separate interview with UKG, said that his camp will not wait for the Commission en banc's rehearing. He said his lawyers were already preparing to elevate the electoral dispute to the Supreme Court (SC).

"My lawyers will go to the Supreme Court to put an end to this [dispute]," the governor said, who is supposedly running for a congressional seat in May 10.

Pagdanganan, for his part, told UKG that elevating the dispute to the SC is part of Mendoza's plan to delay his assumption of the gubernatorial post.

Tension gripped Bulacan's provincial capitol after Pagdanganan and his supporters trooped to the provincial capitol to force his assumption as governor.

Pagdanganan, a former agrarian reform secretary, claimed that the Comelec has issued a final and executory decision, declaring him as the real winner of the Bulacan gubernatorial election in 2007.

The former secretary and his supporters, however, were prevented by policemen to enter the governor's office inside the capitol compound.

Pagdanangan was able to enter the Blas Ople Building, also inside the capitol compound, and declared that he is officially serving as governor.

Several policemen have been deployed around the provincial capitol to prevent a clash between the supporters of the 2 politicians.