MABALACAT CITY --- The Commission on Election (Comelec) En Banc has affirmed the First Division’s decision cancelling Mabalacat City Mayor Marino “Boking” Morales’ certificate of candidacy in the May 2016 election.
In a 13-page decision, the Comelec En Banc stated that it sees no cogent reason to depart from the assailed resolution of the Comelec First Division.
The Comelec En Banc resolution was signed by Andres Bautista, Chairman, Christian Robert Lim, Commissioner, Al Parreno, Commissioner, Luie Tito Guia, Commissioner, Arthur Lim, Commissioner, Maria Rowena Amelia Guanzon, Commissioner, and Sheriff Abas, Commissioner.
In its resolution dated on August 3, 2016, the Commission’s First Division has granted the petition of losing mayoralty candidate Pyra Lucas to disqualify Morales during the May 9, 2016 National and Local elections.
With this, the City Board of Canvassers (BOC) of Mabalacat was directed to reconvene and annul the proclamation of Morales.
The local BOC was also ordered to proclaim the qualified candidate with the next highest number of votes and effect the necessary corrections in the Certificate of Canvass and Proclamation.
Former Pampanga Board Member Crisostomo Garbo garnered the next highest of votes during the last mayoralty race.
In her DQ case dated January 4, 2016, Lucas alleged that Morales could no longer run in the 2016 elections since he had already been elected and served for three consecutive terms for the same position from 2007 to 2013.
On May 20, 2016, Garbo filed a Motion for Leave to Intervene and to Admit Attached Petitioner-in-Intervention.
He alleged that he was “vitally interested in and will be affected by the outcome of the instant case.”
According to Garbo, Morales was ineligible to run as mayor of Mabalacat City because he was constitutionally barred in serving his fourth consecutive terms.
Garbo claimed that he should be proclaimed as the mayor should Morales’ COC be cancelled because he obtained the second highest number of votes in the 2016 elections.
On August 8, 2016, Morales sought reconsideration of the Comelec First Division resolution.
The mayor claimed that the Comelec First Division erred in cancelling his COC despite the fact that there was no prior authoritative finding by a competent authority that he violated the three-term limit rule.
Morales stated that the Commission First Division also erred for not dismissing Lucas’ DQ case despite its procedural defects – It was filed out of time and it lacked a certification against forum shopping.
Morales claimed that he is qualified to run because the general status of the city has changed following its conversion into a component city.
He insisted that the Congress has intended to include the area of Clark Freeport as part of Mabalacat City and that the residents of the economic zone became registered voters of the city.
But the Comelec First Division disfavored Morales claims.
The Comelec En Banc stated in its May 26, 2017 that the decision of Commission First Division is correct.
“The Petitioner-Intervenor (Garbo), being the qualified mayoralty candidate with the highest number of votes should be proclaimed,” the Comelec En Banc stated.
In a press conference in Clark Freeport on Tuesday, May 30, Garbo told newsmen that Morales still has five working days or until Friday to file a legal remedy.
If Morales fails to file a temporary restraining order, Garbo said he will be proclaimed and assume office as mayor of Mabalacat City.
Garbo appealed to the people to respect the Comelec Decision and at the same time called for unity.
Morales is not available for comment as of press time but one of his close aides disclosed that the mayor is now preparing a petition to stop the execution of the Comelec En Banc decision.