The court decision follows a temporary restraining order (TRO) granted for 20 days by the same court to City Councilor Nora Nubla of the Laban ng Demokratikong Pilipino (LDP) against the young Malonzo.
In his two-page decision, Caloocan City Regional Trial Court acting presiding judge (Branch 131) Oscar Barrientos ruled that the application for the same injunction by Nubla was "impressed with merit" paving the way for the granting of the petition.
Nubla filed the petition on the ground that her right and the political party where she belongs has been violated, a claim favored by the court. The court believed that Christopher’s assumption to the position vacated by the late Councilor Eduardo Rosca would affect the residents of the district where Nubla is also a resident.
"As resident of District 1, Caloocan City, herein petitioner stands to be prejudiced by (Malonzo’s) discharge of said functions and duties," the court said.
Court and city hall sources said it might take sometime, "a very long time", if ever, for Malonzo to assume office as the court will have to discuss the merits of the petition. Court sources say the case might even reach the higher courts, including the Supreme Court, for final resolution.
Meanwhile, former city mayor Reynaldo Malonzo was cited by sources as threatening to put Barrientos on the carpet and file unspecified charges, one for ignorance of the law, against the judge who granted Nubla’s petition.
When reached for comment, Barrientos said he does not give interviews and referred this paper to the Office of the Court Administrator of the Supreme Court.
The older Malonzo, who continues to run interference for his son, is expected to file an appeal with the appellate court.
Nubla said in her petition that the young Malonzo’s qualification is likewise questionable as he is neither a resident nor a registered voter of District 1 as he claims.
A certification issued by City Comelec Officer Sheila Roxas showed Christopher is not a registered voter in the First District. The young Malonzo reportedly voted in Barangay 36 of District 2 in the last May elections.
Furthermore, a certification issued by Freddie Santos, president of Castle Spring Homeowners’ Association in Camarin, Caloocan City, said the boy was also not a resident there as allegedly claimed.
The court also ruled that taking an oath, which the young Malonzo has made before Caloocan RTC Judge Victoria Paredes in April 2, 2005 is "different from actually assuming the function, duties and responsibilities pertaining to an officer."
"The court is also of the opinion that taking an oath is different… thus (the young Malonzo’s) allegation that the act which he seeks to join (assuming the vacated office) is ‘already a fait accompli’… is without merit," the court said.
In a statement, Nubla claimed the court decision favoring her petition is another victory for the people of the city’s first district which she represents.