A majority vote is needed to reverse the TRO earlier issued by the Comelec’s first division composed of Commissioners Rufino Javier, Virgilio Garcillano and Resurreccion Borra.
Commissioner Mehol Sadain and Borra, who had dissented to the TRO’s issuance, are said to be voting for a reversal. It was Sadain who reportedly drafted the resolution.
Garcillano, for his part, said he may abstain, citing the supposed pressure being exerted on him and fellow newly appointed Commissioner Manuel Barcelona Jr. that they would not be confirmed when the new Congress convenes.
"A resolution has been drafted for the signature of the commissioners and the chairman (Benjamin Abalos Sr.) recommending, among others, that the venue of the proclamation shall be at the Comelec central office. As soon as this is signed by majority vote, then we will implement it," Borra said.
Borra said they decided to proclaim Padaca winner in Manila because of the prevailing tension in Isabela arising from the tight gubernatorial race.
The Comelec’s first division issued the TRO based on the petition of re-electionist Isabela Gov. Faustino Dy who alleged that Padaca had employed terrorism with the help of the New People’s Army (NPA).
"From the looks of the woman, I do not know if she is capable (of terrorizing people). We are not on the ground, we do not know the real situation. But after getting all the reports, that will help us decide the case intelligently," Garcillano said.
"At the time (I voted to issue the TRO) I thought it was the best position I could take. (Now) we have a chance to change our mind," he said.
But with his confirmation on the line, Garcillano said he would rather not take part.
"Our situation here is ‘damn if you do, damn if you don’t.’ This is being used as a leverage against us; it is so difficult," he said.
Barcelona refused to comment.
Borra said they may be able to decide on Padaca’s case "in a day or two." Padaca appealed the first division’s ruling to the Comelec en banc.
Padaca led Dy in both the final tally of the National Movement for Free Elections and the Comelec canvassing (which excluded the questioned certificates of canvass from six towns).