MABALACAT CITY – Former Mayor Marino “Boking” Morales lodged a Motion for Reconsideration on the “erroneous” decision of the Supreme Court regarding his electoral protest against Mayor Crisostomo Garbo.
Morales sought the “reversing or setting aside of the SC decision” noting the court erred on four issues which were presented as “new evidence.” These arguments are: 1. The territory of the City of Mabalacat is bigger than the Municipality of Mabalacat; 2. The petition of complainant Pyra Lucas is defective and filed out-of-time; 3. Authoritative ruling is necessary in order for a petition to deny due course to prosper; 4. The court erroneously ruled that the second placer in the subject contest should replace petitioner.
Election lawyer and senatorial candidate Romulo Macalintal earlier said the electoral case of Morales before the SC is still ongoing because we had presented new arguments.
“Naniniwala kaming matatag ang kanyang kaso at sa huli, kami umaasa na si Mayor Boking ang mananaig,” said Macalintal.
With the “new evidence we are hoping the SC will side with us,” according to Morales, who is now running for vice mayor.
Morales said the Municipality of Mabalacat has 8,537.98 hectares while under cityhood, its land area increased to 14,660.98 hectares including the 6,101.0042 hectares of the former Clark Air Base.
Morales said the court “did not make any appreciation of the fact that the Land Management Bureau of the DENR released a political boundary map of Mabalacat Cadastre containing an area of 16,677.0740 hectares.”
The population of Mabalacat City was increased to 250,799 (2015) from 215,610 (2010).
The counsels of Morales also argued that the “Lucas petition was filed on January 4, 2016 or 27 days from December 8, 2015” in clear violation of COMELEC Resolution No. 9523 in which Lucas was given five days to file her petition. Thus the petition of Lucas was filed out-of-time.
They also said Morales is “legally entitled to serve in the capacity of City Mayor” and Garbo has no right nor mandate of the people to occupy the mayoralty position.
