The Commission on Elections First Division has set the hearing of the motion of Jose "Oti" Montelibano for execution of its order declaring him the winning mayor of Silay City for Monday morning.

Montelibano said the First Division will hear the motion for execution pending the motion for reconsideration filed by Carlo Gamban before the COMELEC en banc. If the First Division grants his motion for execution, Montelibano said, he will be able to sit as mayor of Silay City while the COMELEC en banc decides on the motion for reconsideration filed by Gamban.

Gamban, on the other hand, said he will oppose the motion for execution, pointing out that he is the rightful and legitimate winner of the May 11, 2004 Silay City election for mayor.

The COMELEC First Division, in a resolution promulgated Feb. 1, directed Gamban to cease and desist from performing his functions as mayor of Silay and to relinquish the post to Montelibano.

Montelibano obtained 19,392 votes, or a plurality of 138 votes over Gamban's votes of P19,254, the COMELEC First Division said.

The examination and appreciation of ballots made by the COMELEC First Division exhibit a deliberate disregard for the will of the Silay City voters to the extent that its ruling is at war with the law and records of the case, Gamban said in his motion for reconsideration. He also said he convincingly won in the elections, prevailed in the revision, and thereafter the First Division voided votes by simply stating that they were written by one or two persons.

"Such decision cannot stand side by side with due process of law and needs the intense, dispassionate and impartial scrutiny" only the Commission en banc can do, so that the will of the electorate shall not be frustrated, he said.*CPG

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