In an interview at the mayor’s office he occupied, Halili asserted his right to succeed ousted Mayor Marino Morales, noting that the board of canvassers failed to first annul the votes cast for Morales in the last mayoral polls before declaring mayoral candidate Crisostomo Garbo as the new mayor.
Garbo, however, insisted that the TRO was legally fl awed, but said he would not resort to any measure that could disturb public service at city hall.
Last May, the Comelec en banc declared that Morales had exceeded the three successive term limit for mayors and declared Garbo, who got the second highest mayoral votes, as the winner in the polls. It also ordered the city board of canvassers to disqualify Morales and declare Garbo as mayor.
Immediately after Garbo was belatedly declared winner at about 3:35 p.m. Tuesday at the Comelec central office in Manila where he was also sworn into office by a notary public, Angeles Regional Trial Court (RTC) executive judge Omar Viola issued a temporary restraining order (TRO) against the implementation of the Comelec order. Halili said he sought the TRO on the basis of the failure of the board of canvassers to first null the votes of Morales before declaring Garbo as winner in the mayoral race.
“There was also a disqualification protest filed even before the elections but Morales was allowed to assume post despite that. This, on top of the failure to null the votes for Morales, would pave the way for the application of the rule of succession,” he said.
Despite being declared and being sworn last Tuesday as Mabalacat mayor, Garbo showed up at city hall late Wednesday afternoon and greeted employees in their offices on the ground floor. He did not, however, proceed to the mayor’s office on the second floor.
PO2 Ritchie Mamaug, one of the four fully armed cops tasked to secure city hall, said their orders came from higher headquarters. “We were told to keep peace and order at city hall, and not to protect any specific person,” he said.
The cops, however, stationed themselves at the door towards Halili’s office.