MANILA, Philippines — The Commission on Elections (Comelec) yesterday affirmed the ruling of its Second Special Division recognizing the faction of former energy secretary Alfonso Cusi as “true and official members” of the Partido Demokratiko Pilipino-Lakas ng Bayan (PDP-Laban) party.
In a nine-page resolution, the Comelec denied the motion for reconsideration filed by Sen. Aquilino Pimentel III and former senator Manny Pacquiao, saying it did not find any valid reason to disturb the decision.
Comelec Chairman George Garcia signed the resolution, but noted that he did not participate in the resolution and that Commissioner Marlon Casquejo issued a dissenting opinion while Commissioner Ernesto Maceda Jr. issued a separate opinion.
Commissioners Socorro Inting, Aimee Ferolino and Nelson Celis signed the resolution.
The Comelec said Cusi’s faction, chaired by former president Rodrigo Duterte, held valid National Council Meetings on May 31, 2021 and July 16, 2021 as well as a valid National Assembly on July 17, 2021 “including its predicate resolutions and prior and subsequent acts.” ?
It emphasized that the Cusi camp has the “standing to file the petition” being members of the political party as they have also the personal and substantial interest in the case, which involves intra-party controversy, particularly “issues on party leadership and legitimacy of acts of party members.”
On the issue of jurisdiction, the Comelec said it was correct when it took cognizance of the petition filed by Cusi and PDP-Laban secretary general Melvin Matibag as the “core issue” of the PDP-Laban issue relates to the Sworn Information and Update Statements (SIUS) and the petition to it, among others.
“Thus, the matter is one which is administrative in nature and properly pertains to the jurisdiction of the en banc pursuant to Section 2(5), Article IX-C of the Constitution,” the Comelec said in a statement sent to reporters on Viber yesterday.
“The 1987 Constitution, Comelec Rules of Procedure or jurisprudence do not provide for the dismissal of an intra-party leadership dispute if the case was initially taken cognizance by the Commission (en banc) and later referred to a Division of the Commission (for) resolution,” it added.
In reaction, Pimentel said his group has “no choice” but to appeal the decision before the Supreme Court.
“We will appeal to the Supreme Court,” Pimentel told reporters even as he scored the Comelec for the “messianic” language of its statements to the media.
“The Comelec should refrain from using the phrase ‘vox populi, vox Dei’ in their press statements because that is just the statement of the Comelec, not the voice of the people,” the senator said.
“Our Comelec people might slowly get some kind of messianic complex if they start believing that what they say is the voice of God,” he said.
Pimentel is chairman of the PDP-Laban as per his faction, with former senator Pacquiao as president. Pacquiao ran for president in the May 2022 elections, while Pimentel is the highest elected official of the PDP-Laban faction.
Both Pimentel and Pacquiao were ousted by Cusi in a general assembly in the latter part of 2021. The Comelec’s Second Division recognized Cusi’s faction days before the May elections.
Pimentel then insisted that his group should be recognized as the legitimate PDP-Laban as they possess the complete papers and history of the party, which was founded by his father, the late Senate president Aquilino Pimentel Jr., 40 years ago to oppose the Marcos regime.
The late senator Benigno Aquino Jr. and the late senator Lorenzo Tañada co-founded the party along with Pimentel Jr.
“We’ve been with PDP-Laban for 40 years. I’ve no intention of joining another party. We’ve been setting the example on party discipline and reforms and fighting against political turncoatism, something the Comelec seems to be promoting with this decision,” Pimentel said.
For his part, Cusi said he is “glad and thankful” for the decision and called on Pimentel and Pacquiao for cooperation in the promotion of the advocacy of PDP-Laban. – Paolo Romero