In a 13-page motion, the Malonzo camp argued that Councilor Nora Nubla, the TRO petitioner, "has no clear and legal right to the issuance of an injunctive writ," adding that "she is not even a party in interest" to question the validity of the appointment of Christopher Malonzo as replacement of deceased Councilor Eduardo "Popoy" Rosca.
Nubla, an LDP party member, filed a petition last week citing grave injustice to her right "rankwise" to the seat vacated by the late Rosca as the reason.
"Should the court decide not to prohibit respondent Malonzo from functioning as duly appointed public official, the petitioner herein will not be injured, as she will not be removed from her position as member of the Sanggunian," the petition also claimed.
On April 11, Caloocan City Regional Trial Court Branch 131 Acting Presiding Judge Oscar Barrientos granted Nubla’s appeal.
The TRO temporarily barred the young Malonzo from taking his seat at the city council for 20 days.
But the Malonzo camp said the TRO could not be valid under the circumstances since the young Malonzo had already assumed his post after he took his oath of office last April 1 officiated by Caloocan City Judge Victoria Isabel Paredes of RTC Branch 124.
The motion also claimed "there is nothing more to be done in order to perfect his (Christopher) assumption of office and to validly perform the official functions thereof. The acts sought to be enjoined by herein petitioner have now become fait accompli."
It added that the appointment of the young Malonzo to replace Rosca which was approved by the Office of the President, through Executive Secretary Eduardo Ermita, was "valid."
"It strictly complied with the requirements of the Local Government Code, its Implementing Rules, and the Office of the President Memorandum Circular No. 151," the motion stated.
"The TRO is now moot and academic. You could only restrain something that is yet to happened but my son’s appointment has already been completed," the former mayor said.
But the majority of the councilors, however, think otherwise, they said that it should be Kristen Joy Rosca that should take over his late father’s post.
For the second time last Tuesday, to show that their stand against the young Malonzo’s appointment was firm, majority of the councilors again boycotted the session. Only five councilors came to the session hall.
The young Malonzo’s first day at the session hall last April 5, was also boycotted by the majority of the councilors.
The councilors said that the former mayor have erred when he made the endorsement of his son to replace Rosca without making consultation to the local Lakas-CMD (Christian Muslim Democrats) members.
Malonzo is the local chairman of Lakas-CMD.