Panlilio fears Comelec will unseat him

Posted at 12/04/2009 4:35 PM | Updated as of 12/04/2009 4:41 PM

A week before the expected decision on the poll protest filed by his rival, Pampanga Gov. Eddie Panlilio on Friday asked the Commission on Elections (Comelec) to replace the commissioner assigned to decide his case.

In an urgent motion before the Commission on Elections (Comelec), Panlilio asked Comissioner Nicodemo Ferrer of the second division to inhibit from the case. He accused him of showing “extreme bias” in handling the vote recount in Pampanga.

Defeated 2007 gubernatorial candidate Lilia Pineda, an administration ally, filed the election protest against Panlilio. She sought the recount of a total of 4,683 ballots. Panlilio won by a slim margin of 1,147 votes.

Panlilio's counsel, Ernest Francisco Jr., admitted they grew more uncomfortable with Ferrer’s division because of its earlier ruling to unseat Bulacan Gov. Joselito Mendoza in favor of rival Roberto Pagdanganan.

Speaking to reporters later, Ferrer dismissed Panlilio’s petition. He said it is already too late because the division will release its decision next week.

“We are on the finishing touches of making the resolution," Ferrer said.

Ferrer maintained that his conscience is clear. He said the hearings were transparent and even the local media were invited. "I decided cases in demerits. Nobody has come here for this case. Nobody from Malacañang came here,” Ferrer said.

"We're not threatened. We're willing to stand by our decision,” Ferrer added.

Panlilio’s motion said Ferrer was unaccommodating and unfair.

Panlilio complained about Ferrer’s earlier dismissal of two separate petitions to create 21 “revision committees” to work on the recount and later to suspend the proceedings for 3 weeks. Panlilio cited financial reasons in both petitions.

He said Ferrer also gave him only 2 days extension to comment on a "voluminous and more than six inches thick" evidence filed by Pineda.
Panliio said the commissioner’s actions were unusual. "Ordinarily, a court would grant an extension of time of 10 days or 15 days, and it is only in very urgent cases that a mere five-day period is given," Panlilio said in his petition.

"He believes that the proceeding is aimed at unseating him," said Francisco.

Francisco said they want the election protest case to be transferred to the Comelec first division instead. "Justice won't be served in the second division,” he said.

The motion called on the other members of the second division, Commissioners Lucenito Tagle and Elias Yusoph, to also inhibit themselves from the case proceeding.


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