THERE is no cause for rejoicing (yet) for the camps of defeated mayoralty candidates Pyra Lucas and Cris Garbo in the light of the Resolution No. SPA No. 16-001 (DC) dated May 26 of the Commission on Elections (Comelec) Manila.
Neither is it cause for gloom in the camp of sitting City Mayor Marino “Boking” Morales as he still has the option to overturn the decision of the Comelec denying his verified motion for reconsideration and affirming the resolution of its first division dated August 3, 2016.
In the said resolution, Comelec held that the Supreme Court cannot give rise to a valid candidacy on account of the cancelled certificate of candidacy (COC) of Mayor Morales much less to valid votes.
It adds: a candidate whose COC was cancelled should never be considered as a candidate at all. The second placer should be proclaimed the winner as the candidate with the highest number of votes for the contested position.
For his part, City Vice Mayor Christian C. Halili, respondent-intervener in the case, filed on June 28, 2016 a verified motion for leave to intervene, claiming that as the incumbent City Vice Mayor of Mabalacat he “was strongly interested in the outcome of the case and that should respondent Morales'COC be cancelled, he should be the one proclaimed as
Mayor under the rule on succession instead of Petitioner-intervenor Garbo, who was only a second placer for the mayoralty position.”
The high-priced lawyer of Mayor Morales, lawyer Romeo Makalintal, is optimistic that the case be resolved in favor of Mayor Morales as he (Makalintal) has solid and valid grounds therefor. The next battleground is the Supreme Court.
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Interestingly, it was defeated candidate Pyra Lucas, who came in last in a field of four candidates for mayor, who filed the disqualification case against Mayor Morales.
And now it seems, Cris Garbo becomes the recipient of the gratuitous act of Lucas.
Cris has yet to file a Motion for Execution of the Comelec's decision to install him as the next city mayor.
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Meanwhile, Mayor Morales has the Supreme Court to run to for the issuance of a TRO (temporary restraining order) to hold in abeyance the Comelec en banc's decision disqualifying him. And the upheavals keep on coming!