The Partido Demokratiko Pilipino–Lakas ng Bayan (PDP-Laban) agrees with the Commission on Elections (Comelec) en banc that the issue on which is the legitimate group in the party has been finally settled as the Supreme Court has not acted on the matter.
By issuing a Certificate of Finality both dated March 23, 2023, the Comelec en banc also affirmed for the second time the decision of the poll body’s Second Division that rejected the motion for reconsideration (MR) filed by the camp of Senator Aquilino “Koko” Pimentel 3rd. The Comelec en banc first rejected the MR of the Pimentel camp on January 27, 2023.
“The Comelec en banc issued a Certificate of Finality on the case, citing that the Supreme Court did not issue a temporary restraining order (TRO) after it rejected the motion of consideration filed by the Pimentel camp with a decision dated January 27, 2023. This means that the Supreme Court sees no reason to disturb the decision of the Comelec en banc declaring as legitimate the faction of concurrent chairman, former President Rodrigo Duterte,” said PDP-Laban president and Palawan Second District Rep. Jose Ch Alvarez.
“This is tantamount to the Supreme Court saying that the MR filed by the other camp is moot and academic. So, this is definitely a very positive development for the present leadership of PDP-Laban as the party can now proceed almost unimpeded in its advocacies that all aim to build a strong Philippine republic,” he added.
The Comelec en banc said based on its rules, its decisions become final and executory in the absence of a TRO from the Supreme Court 30 days after making a ruling.
“Rule 18 of the 1998 Comelec Rules of Procedure provides that a resolution of the Commission en banc in special proceedings shall become final and executory after 30 days of promulgation,” the poll body’s Certificate of Finality said.
It was on May 2022 that the Comelec Second Division ruled on the validity of the May 31, 2021 and July 16, 2021 National Council Meetings and July 17, 2021 National Assembly of the party, including its predicate resolutions and prior and subsequent acts, that were conducted by the faction of former Energy Secretary Alfonso Cusi and then President Duterte, the concurrent party chairman.
The clash between the camps of Duterte and Pimentel started after the latter installed boxing champion Manny Pacquiao as the PDP-Laban president in December 2021. Thereafter, Cusi was elected as party president in the July 17, 2021 national convention. Pacquiao would lost in the May 2022 polls.