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By NITZ ARANCON
Correspondent

MAYOR Oscar Moreno is fighting back.

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Late last week, he withdrew the complaint for usurpation of authority he filed against former vice mayor Caesar Ian Acenas and his partymates from the City Prosecutor’s Office, but filed a new one with the Office of the Ombudsman.

For the first time, Moreno named ex-mayor Vicente Emano in his complaint, alleging that the erstwhile political leader of the city was behind the acts made by Acenas and members of the previous city council days before he (Moreno) started serving his second office term.

Moreno called Emano the “brains and the architect” of Acenas’s attempt to assume as city mayor.

“There is no doubt that the action of the respondents, particularly in claiming  and  forcibly  assuming the mayoralty post, were perpetrated to buttress the game-plan of Mr. Emano, even if utterly wanting basis in fact and in law,” reads part of Moreno’s complaint.

The new legal battle started when Acenas attempted to assume as mayor in June 28 after the ombudsman upheld its decision to dismiss, and perpetually bar Moreno from holding public office in connection with the controversial 2013 tax settlement between city hall the Ajinomoto Philippines.

Moreno has appealed the ombudsman’s ruling on the grave misconduct case filed by former Taglimao barangay chairman William Guialani before the Court of Appeals (CA).

Moreno said he filed the one-page ex-parte motion to withdraw the affidavit-complaint he submitted to the local prosecution office, and decided to bring the case against Acenas and his group to the ombudsman’s office.

He filed the new complaint with the ombudsman at around 4:19 pm on Thursday. Specifically, Moreno has accused Acenas and members of the previous city council for violation of RA 3019, otherwise know as the Anti-Graft and Corrupt Practices Act, and gross misconduct under RA 6713.

Moreno also accused them of violating Article 177 of the Revised Penal Code or of usurpation of authority or official functions.

In his 10-page complaint, Moreno sought a preventive suspension order against the respondents who are still serving in city hall.

Named as respondents in Moreno’s complaint were former councilors Lourdes Darimbang, Adrian Barba, Dante Pajo, Ramon Tabor, Alex Dacer, President Elipe, and councilors Nadya Elipe, Yan Lam Lim, and  Dometilo Acenas Jr..

Moreno pleaded: “Pending the proceedings of this complaint… I beg the Honorable Office of the Deputy Ombudsman for Mindanao to direct and order their preventive suspension in its maximum period.”

Moreno said Darimbang was included because she was the one who called for a special session of the city council in the afternoon of June 28. During that session, the city council passed resolutions that recognized Acenas as mayor and Darimbang as vice mayor.

Moreno said the other councilors, all closely associated with Emano and the Padayon Pilipino, conspired with Acenas and Darimbang.

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