Oca’s TRO expires but CA issues WPI

By NITZ ARANCON
Correspondent

THE Court of Appeals yesterday granted Mayor Oscar Moreno’s petition for a writ of preliminary injunction, the same day a 60-day temporary restraining order against the implementation of the Office of the Ombudsman’s dismissal and disqualification order lapsed.

Without the writ and with the expiry of the TRO, Moreno would have been exposed to moves aimed at removing from office based on the ombudsman’s 2016 decision on an administrative case against the mayor.

City hall received a copy of the writ in favor of Moreno at around 4 pm. It was signed by Associate Justices Louis Acosta, Edgardo Camello and Oscar Badelles of the 22nd Special Division of the CA.

Moreno was slapped with the ombudsman’s decision on Oct. 6, 2016 in connection with the administrative case filed by Engr. Antonio Nuñez Jr. for grave misconduct, conduct prejudicial to the interest of public service, serious dishonesty, and gross neglect of duty.

He was accused of making the capitol lease heavy equipment without a public bidding when he was governor together with former members of the capitol’s awards committee: Engr. Roland Pacuribot, Patrick Gabutina, Elsie Lopoy, Elmer Wabe, Divina Bade, lawyer Cancio Guibone and Leemar Tinagan.

The mayor has questioned and appealed the ombudsman’s decision.

The mayor’s lawyer, Dale Bryan Mordeno, said he could not say why it took the CA long to act “but kabalo man ta nga ang coverage sa CA all over Mindanao ug dili man kani lang ang ilang gi–atiman.”

He said he had filed a motion to conduct a hearing two weeks ago, and had submitted a memorandum to reiterate the mayor’s plea for the issuance of a writ of preliminary injunction.

But even without the writ, Mordeno said his client would have remained as the city’s mayor despite the expiry of the TRO yesterday, explaining that the ombudsman’s 2016 decision is “not a self-serving dismissal order” that automatically takes effect.