Court stops new Pampanga mayor from taking post

SEND-OFF Chief Supt. Aaron Aquino, Central Luzon police director, addresses policemen from the region who are augmenting troops in Mindanao, where the military is fighting terror groups in Marawi City. —CONTRIBUTED PHOTO

CITY OF SAN FERNANDO — Crisostomo Garbo was proclaimed Mabalacat City mayor on Tuesday by the city’s board of canvassers (BOC), but he was unable to assume the post due to a 72-hour temporary restraining order (TRO) that was issued on the same day.

On the order and writ of execution issued by Commission on Elections (Comelec), the BOC, led by lawyer Abigael Ilagan, convened on Tuesday and proclaimed Garbo as mayor to replace Marino Morales. Morales was disqualified for having exceeded the three-term limit prescribed for mayors by the Constitution.

But at the request of Vice Mayor Christian Halili, who was acting mayor, Executive Judge Omar Viola of the Regional Trial Court in Angeles City issued the TRO and directed the Department of the Interior and Local Government (DILG) and Garbo “to cease and desist from any action that will result in the removal from the mayoral post of the petitioner [Halili].”

Halili, who was installed by DILG as acting mayor on June 10, had asked the court to clarify the rule of succession after Morales was disqualified.

Garbo was the second candidate to have garnered the most votes in the May 2016 elections.

Pyra Lucas, who filed the disqualification case against Morales, said, “Only the Supreme Court can stop Garbo [from taking his post].” She said Morales also petitioned the high court for a TRO, but the court had not issued the order as of Tuesday.

Lucas had accompanied Garbo during his proclamation at the Comelec national office in Manila. Garbo did not take calls when asked to comment.

In his order, Viola said: “From the allegations in the petition but without delving into the full merits of the case, it would appear that the issues relate to the interpretation of two laws, specifically Section 44 of the Local Government Code [Republic Act (RA) No. 7160] and [the] Omnibus Election Code which appear to be in conflict with each other.”

The section refers to the rule of succession of elected local officials.

RA 7160 says: “If a permanent vacancy occurs in the office of the governor or mayor, the vice governor or vice mayor concerned shall become the governor or mayor… A permanent vacancy arises when an elective local official fills a higher vacant office, refuses to assume office, fails to qualify, dies, is removed from office, voluntarily resigns, or is otherwise permanently incapacitated to discharge the functions of his office.” —TONETTE OREJAS