SC Upholds Drilon’s Liberal Party Leadership

In a resolution promulgated today, the Supreme Court granted Sen. Franklin Drilon’s petition to prevent the Comelec from implementing its resolution ordering a new election of Liberal Party officers.

The high court said Drilon has until November 30, 2007 to serve his term as LP president under Daza-Drilon constitution, which replaced the Liberal Party’s Salonga constitution. (Source: GMANews.tv report)

Manila Mayor Lito Atienza, head of the Atienza faction referred to by critics as Lakas Pala, said his camp will file a motion for reconsideration.

The full text of the SC resolution with separate opinions is available at the SC website.

G.R. No. 174992 and G.R. No. 175546 (THE LIBERAL PARTY, represented by its President, FRANKLIN M. DRILON, v. COMMISSION ON ELECTIONS, JOSE L. ATIENZA, JR., MICHAEL T. DEFENSOR, ROLANDO G. ANDAYA, JR., ERIC D. SINGSON, HARLIN C. ABAYON, RODOLFO G. VALENCIA, FEDERICO S. SANDOVAL II, DANTON Q. BUESER, DANILO E. SUAREZ, FLORENCIO T. MIRAFLORES, SOLOMON R. CHUANGLAO, ANTONIO EDUARDO B. NACHURA, RIGOBERTO D. TIGLAO, and ELEAZAR P. QUINTO) and G.R. No. 175546 (JOSE L. ATIENZA, JR., MICHAEL T. DEFENSOR, ROLANDO G. ANDAYA, JR., ERIC D. SINGSON, HARLIN C. ABAYON, RODOLFO G. VALENCIA, FEDERICO S. SANDOVAL II, DANTON Q. BUESER, DANILO E. SUAREZ, FLORENCIO T. MIRAFLORES, SOLOMON R. CHUANGLAO, ANTONIO EDUARDO B. NACHURA, RIGOBERTO D. TIGLAO, and ELEAZAR P. QUINTO, as the duly elected officers of the Liberal Party v. THE HONORABLE COMMISSION ON ELECTIONS and FRANKLIN M. DRILON)

Promulgated:

April 17, 2007

x- – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – x

RESOLUTION

The Court considered and acted on the following issues:

1. Whether the COMELEC has jurisdiction over the Drilon petition in COMELEC Case SPP No. 06-002;

2. Whether the Daza-Drilon amendments to the Salonga Liberal Party Constitution were validly ratified; and

3. Whether the COMELEC has jurisdiction to order the Liberal Party to hold the election of its officers.

On the first issue, the Court voted 7-6 that the COMELEC has jurisdiction over the Drilon petition. On the second issue, the Court voted 9-5 that the Daza-Drilon amendments were validly ratified. In view of the voting on the second issue, the third issue has become academic.

The individual Opinions of the Justices are attached to this Resolution.

WHEREFORE, the petition of Senator Franklin M. Drilon in G.R. No. 174992 is GRANTED and the petition of Mayor Jose L. Atienza, Jr., et al. in G.R. No. 175546 is DENIED.

SO ORDERED.