By CRIS DIAZ
CAGAYAN de Oro City--Dismissed City Mayor Oscar Moreno failed to obtain a restraining order from the Court of Appeals, but a resolution approving the “consolidation” of the Ombudsman’s case, City Councilor Leon Gan said.
A former village official also urged Interior Secretary Eduardo Año to vigorously implement the dismissal order against the city mayor while warning banks against releasing funds bearing Moreno’s signature.
Gan said that the February 7, 2018 resolution did not explicitly grant the motion for the issuance of the temporary restraining order, the writ of preliminary injunction or the “status quo ante” order.
The councilor clarified that the resolution issued by the CA-Cagayan De Oro Station on Feb. 7, 2018 was an approval of the petition for the consolidation of the Ombudsman case OMB-M.A. -16-0172, in accordance with the CA en banc resolution dated Nov. 28, 2017.
The DILG regional office served the dismissal order against Moreno and three other city officials with a penalty of perpetual disqualification to hold public office on Feb. 5, 2018 with copy furnished to Moreno’s lawyer and Vice Mayor Raineir “Kikang” Uy.
“What the CA has approved was the petition for the consolidation of the case OMB-MA-16-0172, which found Moreno guilty of grave misconduct, serious dishonesty, and conduct prejudicial to the best interest of the service,” Gan said.
He said that the CA did not issue a resolution granting the TRO in connection with the Ombudsman dismissal order dated 12 December 2017 to Moreno, otherwise the CA would explicitly issue a separate resolution to that effect.
According to Gan, if Moreno trusts Vice Mayor, a party mate, he should step down from office and give way to his party mate while his motion is being heard by the CA in Manila.
“Out of delicadeza, Moreno should understand that the DILG has already recognized Vice Mayor Rainier “Kikang” Uy as the city mayor after the dismissal order was served on Feb. 5, 2018,” Gan said.
However Moreno’s 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.
Former village chief William Guialani, Sr., of Taglimao, Cagayan De Oro, also urged the DILG to vigorously implement the dismissal order against Moreno.
In a letter-complaint addressed to Secretary Año dated January 15, 2018, Guialani also filed a formal complaint with “dereliction of duty” against Vice Mayor “Kikang” Uy and City Councilor Zaldy Ocon.
In the same complaint, Guialani said that the Ombudsman decision dated December 12, 2017 should be fully implemented because cases with TROs issued by the CA has expired, particularly on December 5 and December 30, 2017, sans WPI by the CA Manila.
“Consider this a complaint letter against the DILG regional director in Region X for delaying the serving of the dismissal order until the court intervenes,” Guialani told Año.
Guialani also urged the DILG to file administrative sanction against Vice Mayor “Kikang” Uy and Councilor Zaldy Ocon with “dereliction of duty” when they failed to take over as mandated by the law of succession after the Ombudsman served the dismissal order against Moreno.
Ocon is currently serving a six-month suspension in a decision promulgated by the Office of the Ombudsman effective January 16, 2018 involving a slapping incident with a traffic enforcer.
On Feb. 8, 2018, Guialani also warned the management of all local banks serving as depositories of the city government “to refrain from entertaining any form or disbursement/releases of funds, which bear the approval and signature of the dismissed Mayor Oscar S. Moreno.”
“To be safe, it would be more prudent and advantageous if you seek first the stand of the DILG Region X before you take action in favor of the dismissed mayor,” Guialani told the banks.
The city government maintains a deposit with the Land Bank of the Philippines, the Development Bank of the Philippines, Philippine Veterans Bank, Philippine Postal Bank, and the Philippine Amanah Bank.
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