LEGAL WOES. Mayor Oscar Moreno answers questions about his cases during a news conference at city hall yesterday. Moreno has been ordered fined by the Court of Appeals in connection with the case filed by Puntod barangay chairman Marvin Beja, and indicted by the ombudsman because of the 2013 tax settlement between city hall and Ajinomoto Philippines. (CIO PHOTO)
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By SHIELA MAE BUTLIG and LITO RULONA
Correspondents

CITY hall is in a quandary over the Court of Appeals (CA) order to fine Mayor Oscar Moreno and suspend city accountant Beda Joy Elot and city budget officer Percy Salazar in connection with the case filed by Puntod barangay chairman Marvin Beja.

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On Thursday, the appellate court ruled against the 90-day suspension of Moreno, declaring that such penalty “may no longer be enforced given the expiration of his previous term of office.” Moreno was accused of committing wrongdoing during his first term as mayor.

Simply put, the CA order meant that the ombudsman’s suspension order cannot be carried into Moreno’s second term of office.

But the CA upheld the Office of the Ombudsman’s ruling to suspend Elot and Salazar, both appointive officials, for simple misconduct. The court also ordered Moreno to pay a fine equivalent to his three-month salary.

Maricel Rivera, city hall spokesperson, said lawyers were still studying the implications if Moreno decides not to contest the order for him to be fined.

Rivera said Elot and Salazar would most likely appeal their case.

“Their reaction was, ‘Why should we be suspended when we didn’t sign the contract?’” she said.

It was Moreno, being the mayor who entered into a contract to lease a house in Macasandig to be used in training boxers under city hall’s sports program.

Beja said the act was illegal because the augmented appropriation was made without an ordinance approved by the city council which was an “utter disregard of our laws.”

The CA upheld that entering into a contract for the rental of the quarters of recipients of the boxing program amounting to P175 thousand without city council authorization constituted simple misconduct.

Although the CA staved off the suspension of Moreno, the mayor said he was saddened over the court’s decision to suspend Elot and Salazar, adding that his subordinates merely did their job.

Moreno, who appointed Elot and Salazar, has yet to cause the suspension of the two officials.

“Luoy sab, we’re not happy with the decision,” he said.

Moreno said all they can do as of the moment is to move forward but then, it would be up to the lawyers of Elot and Salazar to decide about their options.

“It doesn’t mean nga OK ra ko, OK na dayon. Naay mga collateral damage,” he said.

Moreno’s lawyer Bryan Dale Mordeno said he was contemplating on filing a “partial” motion for reconsideration and argue against the suspension of Elot and Salazar.

“The decision of CA is not final because the parties involved can still file a motion for reconsideration,” said Mordeno.

He said one option is to question the administrative fines and the suspension before the Supreme Court.

But the lawyer said the CA ruling offered a consolation–that is, Moreno would no longer be suspended.

He said he would only file a “partial” motion for reconsideration because the CA order stopped Moreno from being suspended.

“OK na kami niadto nga order. The only lang is, tan-awon unta og balik sa CA ang issues nga nahimong grounds why they suspended Elot and Salazar. Mao kanang partial kay dili tanan among gipa-reconsider,” according to Mordeno.

If not, he said, he would argue for a lesser penalty. “I-mitigate man lang ang suspension to a lesser penalty… to one month or fines na lamang,” he said.

Meanwhile, Mayor Moreno maintained his innocence. He told a news conference that he did not have regrets in helping in the training of boxers under city hall’s sports program.

In fact, he said, the lease of the house for the boxers was cost effective. “Para makadaginot,” said Moreno.

Moreno said he could not understand that while the CA ruled that the augmentation of the sports development budget was legal, they were still slapped with simple misconduct for entering into the contract in relation to the implementation of the sports development program.

He said lawyers were now mapping out legal strategies for Salazar and Elot.

“Atty. Salazar and Elot are obviously collateral damage,” said Moreno, explaining that both should not be held liable for the contract as they were not parties not signatories to the contract he signed with its owner Jimmy Caina.

“The bottomline of all this,” Moreno lamented, “is ‘politika.’”

Moreno said the cases filed against him were instigated by “groups that refuse to believe and respect the mandate of the people in the last two elections.”

“I now consider this as part of occupation hazard,” Moreno told reporters while reaffirming his support to whatever legal recourse Salazar and Elot would make. (with cio)

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