Lawyer Romulo Makalintal, Cuaresma’s legal counsel, said the implementation of the first division’s resolution has been suspended pending the decision of the Comelec en banc on Cuaresma’s motion to overturn it.
With the poll body’s decision, Makalintal said Cuaresma will remain as governor until the Comelec en banc rules otherwise.
A day after the issuance of the resolution, Perez filed an urgent motion for the Comelec to issue a writ of execution for him to assume the governorship "considering the clear mandate that the (Jan. 31 resolution) is immediately executory."
Cuaresma’s lawyers, however, argued that the resolution is not final and executory and subsequently filed the motion for reconsideration.
Earlier, the Department of the Interior and Local Government (DILG) ruled that Cuaresma remains as the legitimate governor.
Lawyer Emiterio Moreno Jr., legal service division director of the DILG central office, said, "Cuaresma is still the one to be recognized as governor despite the first division’s resolution annulling her proclamation."
Moreno said Cuaresma’s motion for reconsideration with the Comelec en banc automatically suspends the execution of the resolution.