A jubilant Mayor Oscar Moreno discusses the Sandiganbayan’s decision to dismiss one of the 24 graft cases against him at city hall yesterday while his lawyer Dale Mordeno (left) listens. (photo by joey nacalaban)
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By NITZ ARANCON
Correspondent .

THE accuser of Mayor Oscar Moreno in the recently dismissed graft case yesterday said he was no longer keen on appealing the decision of the Sandiganbayan.

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Engr. Antonio Nuñez said he respects the decision of the anti-graft court in favor of Moreno and the co-accused.

In the decision signed by Associate Justice Geraldine Faith Econg and concurred by Associate Justice Efren de la Cruz and Edgardo Caldona, the Sandiganbayan dismissed one of the 23 similar graft cases against Moreno and his group in connection with the rental of heavy equipment when the mayor was still Misamis Oriental’s governor.

It was dismissed on the “ground of inordinate delay.”

The same decision applies to the co-accused: former capitol officials Patrick Gabutina, Elmer Wabe, Divina Bade and Roland Pacuribot.

The March 16, 2018 hold departure order against them was set aside and declared functus officio.

Engr. Nuñez said he was leaving matters in the hands of the ombudsman.

“Bahala na ang ombudsman kon mo-apilar ba sila o dili basta kay ang akong role human na,” Nuñez said.

The “inordinate delay,” according to Nuñez, was the fault of the Office of the Ombudsman because it was slow.

“Basta sa ako, wala ko maglangan-langan,” he said.

Lawyer Jerry Pacuribot, who first filed the motion to quash the information and the motion for dismissal on behalf of his brother Roland, said the anti-graft court had to dismiss the graft case because the inordinate delay was already a violation of the constitutional right of the accused to speedy disposition of cases.

The mayor’s lawyer Dale Mordeno hailed the Sandiganbayan’s decision, calling it a “three-point shot” in the long drawn-out legal battle. The administrative aspect of the case nearly cost Moreno the mayorship on several occasions since the first quarter of 2016.

Mordeno said the Sandiganbayan ruling would be used to seek the dismissal of the other similar 23 cases which he sought to be consolidated for being “redundant.”

“Amo nang gamiton nga decision para amo sab nga ipa-dismiss ang ubang pang kaso ni Mayor Moreno kay pareho ra man ang facts ana, kadto ramang rental sa heavy equipment sa kapitolyo,” he said.

Mordeno said the Office of the Ombudsman violated the constitutional rights of Moreno and the other former capitol officials “kay kini nga kaso, gilanganlangan man sa ombudsman pag-file sa korte ang ilang findings.”

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