This developed as the heirs of the late councilor yesterday denounced the alleged inordinate haste and questionable manner by which the former mayor pushed his own son to assume the seat vacated by the late councilor.
In a press conference held for the purpose, Hilda, the late councilor Roscas wife, and their daughter and supposed councilor-in-waiting for his deceased father, Kristen Joy, also appealed to President Arroyo and Speaker Jose de Venecia, Lakas-NUCD-UMD party national chairman, to recall the same appointment.
"You may have been misguided, maybe fed the wrong information. We are appealing to your sense of justice, Madam President, Mr. Speaker," the Roscas said in their collective appeal.
Executive Secretary Eduardo Ermita signed the appointment order of the young Malonzo under the authority of Mrs. Arroyo.
In a two-page decision dated April 11, 2005, Caloocan City Regional Trial Court Acting Presiding Judge Oscar Barrientos of Branch 131, said that after hearing the arguments raised by the parties, the court was inclined to grant the TRO closing the door, at least for 20 days, on the young Malonzos bid to assume his seat at the city council for the second time in as many tries.
The TRO petition was filed last week by LDP Councilor Nora Nubla citing grave injustice to her right "rankwise" to the seat vacated by the late Rosca as a reason.
Last Tuesday, the young Malonzo, who came to City Hall accompanied by his mother Gwendolyn and former city administrator Magmata Manhattan, was allowed entry into the hall, but had the door slammed on his face after the councilors, exactly two of them, declared the session adjourned for lack of quorum. The other councilors, mostly Lakas partymates of the former city mayor, boycotted the session.
The former mayor was quoted by sources as saying the TRO was a "moro-moro."
His partymates in the city council and the Rosca heirs accused him of railroading the process of selecting Roscas replacement while acknowledging that Malonzo, as local Lakas head, had the right to recommend anyone he wanted.
The young Malonzo, who was prevented from participating in his first session Tuesday last week, said he will continue reporting to the city hall because he was supposed to serve the people and not the councilors.
In a statement Monday, the young Malonzo also assured the public he will not be provoked and told his supporters to remain calm. In the meantime, he said, his detractors should respect the rule of law and allow him to do his job until the proper authority on the matter rules otherwise.
The Roscas and the councilors, however, has something else to say.
"He cheated on us. What I cannot understand is why he (ex-mayor Malonzo), on the very day my husband died (Feb. 8), already had a letter sent to Malacañang endorsing his son as replacement. We felt betrayed. Kami na ang namatayan, kami pa ang naagrabiyado." Hilda said.
Kristen Joy, the late Roscas daughter and the preferred replacement of the Lakas members in the city council, said it was the former mayors right if he wanted his own son.
"Kung gusto nya ang posisyon para sa kanyang anak, sige, kunin nya. It is his right. What we want simply is respect. Particularly respect sa daddy ko, who served for over 10 years in the council. We only want to ensure that everything he wanted for the city he so loved may be realized (through me)," Kristen Joy said.
"Please reconsider your decision, Madam President. Sana magkaroon na ng katahimikan sa Caloocan at pakinggan niya na ang minimithi ng konseho at ng lokal na Lakas sa pag-endorse kay (Kristen) Joy," pleaded Hilda.
To the former city mayor, she advised: "I am hoping and praying you will change your mind. Mahal niya (Malonzo) naman ang Caloocan sabi niya. For the sake of the people of Caloocan, Mr. Malonzo, please listen."
Councilor Henry Cammayo, majority floor leader and spokesman for the Lakas party members in the council said they are rushing to the aid of the Roscas and collectively appealing to the President and Speaker De Venecia to reconsider.
"We want to help the family of the late Councilor Rosca, thats why we are here. We want peace. We plead with Malonzo that, por delicadeza, pagbigyan na niya kami at ang sentimiyento ng mga namatayan. He should not worry because we will support his endeavors, but not this one," Cammayo said.