In an Oct. 25 resolution, a copy of which was obtained by The STAR yesterday, the Comelec’s second division ruled that Dy’s petition seeking to nullify Padaca’s election and proclamation is "not sufficient in form and substance to constitute a protest case."
In his petition, Dy asked the poll body to annul the June 14, 2004 proclamation of Padaca due to alleged election irregularities.
Dy, whose father, the late Faustino Sr., was the longest-serving Isabela governor, also sought Padaca’s disqualification from the gubernatorial race, claiming that she employed acts of "violence and intimidation" during the campaign.
Dy also accused Padaca of conspiring with the New People’s Army to employ "violence, terrorism, and intimidation to ensure her victory."
He also asked that all the votes cast for Padaca be annulled, claiming that they were obtained through fraudulent means.
The Comelec, however, said Dy’s petition failed to enumerate or identify the voting precincts or votes which Padaca had obtained allegedly through massive violence, terrorism, threats and intimidation.
As such, Dy, according to the poll body, failed to comply with mandatory and jurisdictional requirements.
"Consequently, the allegations of the petition are insufficient in form and substance to constitute a protest case," stated the Comelec resolution signed by Comelec Commissioners Mehol Sadain, who presides over the second division, and Florentino Tuason Jr.
Based on the tallies of the provincial board of canvassers and the National Movement for Free Elections, Padaca won the gubernatorial race by more than 40,000 votes against Dy, who was then seeking his second term.
Dy, the eldest of the late Dy’s scions, served as congressman of Isabela’s second district before he became governor in 2001.
His other siblings are also into politics, namely Rep. Faustino Dy III, Cauayan City Mayor Caesar Dy, Alicia Mayor Napoleon Dy, president of the province’s league of municipalities; and former governor Benjamin Dy.
Benjamin Dy, who also served as governor for nine years, is reportedly being groomed by his supporters to run for governor in the 2007 elections in an apparent bid to regain the position, which the Dy clan had held since the 1960s.