MAYOR OSCAR MORENO. GSD FILE PHOTO
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By NITZ ARANCON
Correspondent

MAYOR Oscar Moreno and former members of the capitol’s bids and awards committee yesterday appealed the decision of the Office of the Ombudsman on a graft complaint filed in connection with the lease of heavy equipment when the city’s chief executive was Misamis Oriental’s governor.

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The 26-page motion for reconsideration asked the ombudsman to reverse its decision to bring Moreno and the group to an anti-graft court and slap them with a dismissal and perpetual disqualification from public office order.

In a Oct. 6, 2016 ruling, Moreno and former capitol BAC members Patrick Gabutina, Elsie Lopoy, Rolando Pacuribot, Elmer Wabe, Divina Bade, Cancio Guibone and Leemar Tinagan were found administratively guilty by the ombudsman for grave misconduct, conduct prejudicial  to the best interest of the service,  serious dishonesty, and gross neglect of duty.

The respondents, through lawyer Dale Bryan Mordeno, asked the ombudsman to set aside its Oct. 6, 2016 ruling, saying there was no evidence to subject them to administrative penalties.

“There is no substantial evidence adduced in the verified complainant, wether testimonial or documentary, to hold  respondent liable for the administrative charges,” reads part of the appeal.

According to the ombudsman, the capitol leased a tanker truck, trailer truck and vibratory road roller  in 2007,  2011 and 2012 without a public bidding. The amount spent for the lease was over P1.4 million.

The ombudsman sent an investigator to look into the lease based on a complaint filed by Antonio Nuñez, a husband of a lawyer identified with the Padayon Pilipino.

Mordeno argued that the ombudsman’s ruling was  “premature,” claiming that the it was based on a notice of  disallowance from the Commission on Audit that was not final.

Mordeno said a Feb. 3, 2017 certification has been issued by the COA secretariat that negated the finality of the COA notice of disallowance.

Mordeno said the allegation against his clients were not backed by strong evidence.

“The  honorable  Supreme Court has consistently ruled that, time and again, allegations must be proven by  sufficient evidence. Mere allegation is not evidence, and not equivalent to proof,” he said. “Mere suspicion is not enough to take away one’s liberty ang destroy one’s reputation.”

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