"Compliance is mandatory... until further orders from the Supreme Court, (Yanga and Santos) are no longer entitled to the emoluments and status of city councilors," said Vicencio in a memorandum order.
Vicencio said he received the memorandum from Department of the Interior and Local Government (DILG) Metro Manila Director Serafin Benaldo dated May 9, 2003, requiring compliance with the en banc ruling of the Commission on Elections nullifying the duo’s proclamation as "seventh" winning candidates for the Sangguniang Panlunsod of Malabon.
Santos told The STAR he and Yanga have petitioned the Supreme Court to immediately act on their case. He said the two of them have not been receiving their salaries from the city government since November last year. He added that they continued to carry on with their duties as city councilors even during these times.
It will be recalled that the Comelec first promulgated last Sept. 6, 2001 a ruling declaring the two additional seats for Sangguniang Panglunsod, members of Malabon null and void.
On Sept. 12, 2002, the Comelec reasserted its earlier ruling unanimously declaring the duo’s winning in the local 2001 polls null and void. The Comelec has also admitted it erred inadvertently in the duo’s proclamation.
On March 5, 2001, Congress passed RA 9019 converting Malabon into a city. Pursuant to this, Comelec promulgated Resolutions 3814 and 3816, which laid down the rules governing the conduct of a plebiscite.Malabon became a city when ratified on April 21, 2001 in a plebiscite. Before May 14, national and local elections, registered voters of Malabon were instructed to vote seven candidates per district.
However, Comelec chair Alfredo Benipayo announced in a television interview only in the morning of May 14, election day, that only six councilors of each districts should be voted in Malabon.On May 21 that year, the City Board of Canvassers proclaimed seven winning candidates, including Yanga and Santos, for each of Malabon’s two districts. – Jerry Botial