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Acting on the Motion for Reconsideration (Ad Cantela) filed on December 27, 2005 by protestee Alfredo Corona, through counsel, praying that this Motion for Reconsideration be elevated to the Commission on Elections en banc and that thereafter the Decision of the supposed majority of the Commission, Second Division, be reversed and set aside and that another one be rendered sustaining instead, the opinion of Comm. Tuason, and then dismissing the election protest of the protestant, the Commission en banc, in order not to render moot and academic the Resolution that it will render in the movant's Motion for Reconsideration, hereby issues a STATUS QUO ANTE ORDER directing the parties to maintain the status prevailing before the promulgation of the December 22, 2005 resolution of the Second Division.
"In the meantime, let this Motion for Reconsideration filed by the protestee be set for hearing on Thursday, January 26, 2006, at 10.00 o'clock in the morning at the Comelec Session Hall, Comelec, Intramuros, Manila. No motion for postponement shall be entertained. xx
FOR THE COMMISSION
(Sgd) BENJAMIN S. ABALOS
Chairman.
(End of excerpts)
On February 1, 2006, the Comelec en banc voted 2-2, with two abstentions, on Corona's request for reversal of the Second Division's supposed majority resolution of December 22, 2005.
After the deadlock, Corona was ordered by the Comelec on February 7 to vacate the mayorship. He refused, and reportedly appealed to the Supreme Court.
Meanwhile, Mrs Aquino occupied the old city hall building (now a museum) and, since February 8, has tried to hold office there.
From Calamba, in a statement dated January 20, faxed to Batangan, Sonia Aquino disclosed that on January 17, the same day a writ of execution of the December 22 decision was issued by the Comelec, “I had taken my oath of office as Mayor of Tanauan City”.
Referring to the latest order from the Comelec, she said “though legally installed as Mayor, I am temporarily stepping aside to let the rule of law take its course”.
Round 9.30 o'clock that morning, Mrs Aquino walked into the vacated mayor's office.
The ruling came in a resolution of the Court en banc dated April 25, 2006 and distributed by Mrs Aquino at a press conference on May 8.
In part, the resolution says, “... Under Section 4, Rule 1 of the Comelec Rules of Procedure, the Comelec may suspend its own rules for the speedy disposition of the case. Thus, although Section 6, Rule 18 of the Comelec Rules provide that when the Commission on banc is equally divided in opinion the case shall be reheard, it may be dispensed with in in this case.
“Since two Commissioners have retired when the February 7, 2006 Order was issued and it would take some time for the appointment of new Commissioners, the Comelec may no longer set the case for rehearing. Thus, it can consider its initial voting as its resolution of the motion.
“Since the Commission en banc was equally divided in opinion, the motion for reconsideration should be deemed lost; thus, the January 16, 2006 and February 7, 2006 orders should stand affirmed”.
