Contrary to reports, Cagayan de Oro Mayor Oscar Moreno is still the city's chief executive despite a dismissal order from the Office of the Ombudsman. Moreno said the Writ of Preliminary Injunction granted to him by the Court of Appeals has shielded him from any suspension or dismissal order issued by the Ombudsman. Photo shows Moreno answering questions from reporters during a press conference at the City Hall on Thursday, Feb. 8. Photo By Gerry Lee Gorit
By CRIS DIAZ
CAGAYAN de Oro City -- The Court of Appeals (CA) in Cagayan De Oro City has reinstated dismissed Mayor Oscar Moreno to his post in a resolution released Wednesday afternoon .
Appearing with his lawyer, Moreno held a press conference Thursday morning at the City Hall to exhibit the CA resolution, which allows Moreno to continue to exercise his duties and responsibilities as City Mayor.
The Ombudsman, however , is set to appeal the CA’s resolution.
Moreno lawyer , Dale Bryan Mordeno explained that the CA resolution was received past 5:00 p.m. Wednesday, which grants their petition and motion to include the latest case against Moreno in the consolidated case in November last year.
Mordeno said that on November 28, 2017, the CA issued a resolution granting the petition to consolidate the 23 anti-graft cases against Moreno.
The November 28, 2017 CA resolution said that the court would no longer issue a TRO and Writ of Preliminary Injunction (WPI) of the same nature in the future.
He said that the CA’s resolution Wednesday affirmed that the last and the 24th case , decided by the Ombudsman, which ordered the dismissal of Moreno from service was part of the Nov. 28, 2017.
Mordeno said that there was no need to get another TRO for the 24th case anymore because the CA has confirmed, in a resolution Wednesday, that the dismissal order against Moreno was already covered with the TRO issued last November 28, 2017.
In the absence of the CA resolution, the Department of Interior and Local Government (DILG) served the anti-graft court’s dismissal order against Moreno of service along with three others.
The anti-graft case against Moreno and three other city officials involved the illegal rentals of heavy equipment by the province of Misamis Oriental when was still serving governor of the province before he jumped to Cagayan De Oro City in 2013.
Mordeno said that their camp had filed the motion and petition, with CA last week for the inclusion of the 24th case in the 23 cases earlier consolidated by the CA in November 2017.
“The consolidation of cases involving cases of the same nature is not new in court,” Mordeno said.
He said that while the Supreme Court has ordered the CA in Cagayan De Oro to transfer the records of all cases involving Mayor Moreno to Manila, the filing of the cases still follow the principle of jurisdiction.
For his part, Moreno said that he was glad that the dismissal order against him did not hamper the delivery of services at the City Hall.
He said that the operation of the various offices of the city government continued unhampered after the dismissal order was served Monday and until the CA issued the resolution Wednesday afternoon.
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