The Commission on Elections (Comelec) has scheduled the promulgation of the election protest filed by Lilia Pineda against Pampanga Gov. Eddie Panlilio on January 7, 2010.

Comelec Commissioner Nicodemo Ferrer, head of the Second Division handling the case of Panlilio. revealed this information to reporters Wednesday.

Earlier, Panlilio’s camp filed a motion asking Ferrer and Commissioners Elias Yusoph and Lucenito Tagle to inhibit themselves from hearing the case convinced that they would not get a fair ruling from the division.

The Comelec, however, denied the motion last Dec. 17 for “utter lack of merit” even asking the lawyer of Panlilio to explain why he should not be cited for contempt.

“He has yet to actively participate in the proceedings, which could have expedited the disposition of this case; instead he has the temerity to file one pleading after another all clearly intended to delay the disposition of this case asking for one extension or another, and even worse, he has always been in the habit of filing pleadings in lieu attending to duly scheduled hearings, with insinuations against the impartiality of the Second Division, all without proof other than unsubstantiated newspaper clippings,” the December 17 decision read.

“This practice of Atty. Francisco undermines the independence of this Commission, shows utter disrespect for, and contempt against, the Commission, and threatens the very essence of due process and fair trial, thereby leaving us no choice but to require Atty. Ernesto Francisco to explain why he should not be punished for contempt for the delay he wishes to foist us,” it further read.

It can be recalled Panlilio won by a slim margin of 1,147 votes in the 2007 gubernatorial race over Pineda, who is a known ally of President Arroyo.

Pineda eventually protested Panlilio’s victory accusing the latter of electoral fraud and harassment.