G.R. No. 265395 - AQUILINO "KOKO" PIMENTEL III AND EMMANUEL D. PACQUIAO, SR., VS. COMMISSION ON ELECTIONS, ALFONSO G. CUSI, AND MELVIN A. MATIBAG.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, the National Council meeting was convened in Cebu City on May 31, 2021. Cusi presided over the meeting in person, while Duterte participated via video conference. [13] During the meeting, 10 Resolutions were passed, including, among others: i. National Council Meeting Resolution (NCM Resolution) No. 1 A Resolution to Appoint by Way of Succession, Atty. Melvin A. Matibag as Acting Secretary General until a Permanent One is Elected by the National Assembly; . . . . iv. NCM Resolution No. 4 A Resolution to Convene the National Assembly and Set the Date, Time, and Place Therefor[.] [14] Thereafter, the NEC led by Pimentel and Pacquiao issued NEC Resolution No. 05, declaring Cusi's letters dated May 19, 2021, which served as the notices of meeting to party members and stated the agenda of the meeting, and the actual National Council meeting held on May 31, 2021, void for being violative of the PDP Laban Constitution. [15] The NEC also adopted NEC Resolution No. 06, expelling Cusi and Matibag from PDP Laban for allegedly supporting and endorsing a candidate who was not a party member. By virtue of NEC Resolution No. 08, they filled in the purported vacancies in the offices of PDP Laban, with the following members assuming the positions in an acting capacity: [16] Vice-Chairman Sen. Aquilino "Koko" Pimentel III Executive Vice-President Atty. Lutgardo Barbo Vice President for Visayas Atty. Michael Lopega Vice President for Mindanao Former Board Member Roy Yap Deputy Secretary-General (NCR) Atty. Raji Mendoza Deputy Secretary-General (Luzon) Former Mayor Virgilio Bote Deputy Secretary-General (Mindanao) Dr. Manuel Jaudian Auditor Atty. Jerico Salenga Membership Committee Chair Mr. Ferdinand Carpio Finance Committee Chair Mr. Armin Demetillo Livelihood Committee Chair Dr. Gregorio Murillo Youth Affairs Committee Chair Mr. Jardin Wong Notwithstanding the NEC's actions, the Cusi-led faction held another National Council meeting on July 16, 2021, during which 12 Resolutions were passed, [17] including, among others: i. NCM Resolution No. 11 A Resolution to Declare Illegal the Resolution Passed by Some Members Expelling Vice Chairman Alfonso Cusi, Secretary General Melvin Matibag and Membership Committee Chairman Astravel Pimentel-Naik as Illegal and Ultra-vires; . . . . v. NCM Resolution No. 15 A Resolution to Adopt the Agenda for National Assembly that will Convene on 17 July 2021; . . . . vii. NCM Resolution No. 17 A Resolution to Authorize Vice-Chairman Alfonso Cusi to Open and Preside over the National Assembly and Dispose of the Preliminary Matters until Arrival of the Party Chairman President Rodrigo Roa Duterte; . . . . ix. NCM Resolution No. 19 A Resolution to Open the Nomination for the Position of National Officers and National Committee Chairman until 10:00 AM of 17 July 2021[.] [18] Subsequently, the Cusi-led faction held the National Assembly in Clark, Pampanga on July 17, 2021. This time, Duterte presided over the procee