Sandigan rulings gives way for truth-telling: Oca’s lawyer
The legal team of Cagayan de Oro City Mayor Oscar S. Moreno and his co-accused is ready to present evidences to prove their innocence on the cases in the Sandiganbayan that stemmed from the rental of construction equipment by the Capitol when he was still governor.
A good governance watchdog however said the cases against Moreno, if placed in proper context, is political harassment.
“This recent turn of events is not unexpected. It is a foreseeable outcome of regular and ordinary judicial proceedings, which concomitantly comes with a plethora of opportunities for different courses of legal action. Ultimately, with the denial of our “Motion for Leave of Court to file Demurrer to Evidence”, the time for us to present our evidence becomes certain. And when we do, the truth remains to be the strongest arsenal in our favor,” said lawyer Dale Bryan Mordeno, the mayor’s head legal counsel.
He added it is just a matter of time for the Sandiganbayan to dismiss the criminal cases against Moreno and key officials of the Capitol when he was governor. The facts and circumstances of the cases are the same with administrative cases which were already overturned by the Court of Appeals in July 2019. “Nonetheless, we remain poised to exhaust all the legal remedies that are available for us to utilize.”
“The Ombudsman even failed to prove guilt based on a lighter requirement of proof which is substantial evidence in the administrative aspect of this legal action, how much more for the criminal cases which would require evidence of guilt beyond reasonable doubt,” Mordeno explained.
In a 33-page decision signed by CA associate justices Victoria Isabel Paredes, Marlene Gonzales Sison, and Maria Elisa Sempio Diy dismissed all administrative cases related to the equipment rentals saying Office of the Ombudman failed “to show convincing proof that Oscar Moreno, when he was governor of Misamis Oriental, did wrong in approving the rental of heavy equipment for road repairs.”
The CA further chided the Ombudsman after it “acted with grave abuse of discretion in relying only on the audit findings as if the findings were conclusive. The Ombudsman should have conducted its own investigation.”
IN CONTEXT
The complaints were filed by a supporter of current Misamis Oriental Governor Vicente Yevgeny Emano, based on a special audit he requested in 2016 on the rental of heavy equipment when Moreno was governor in 2007 – 2012.
A long-time local political observer puts in context the cases against Moreno. “These cases perfectly fit the definition of ‘lawfare’ or the weaponization of the law by misusing the legal systems and principles to attain public relations victory,” said BenCy G. Ellorin, chairperson of Pinoy Aksyon for Governance and the Environment (Pinoy Aksyon).
Moreno’s camp acknowledged receiving the Resolution of the Second Division of Sandiganbayan, dated November 22, 2021, on Criminal Cases Nos. SB-18-CRM-0114, 0134-0136, 0137, 0142, 0151, 0229, 0274, 0388, 0395, 0405, 0496-97, and 0145-50.
“We appreciate the zeal with which the Prosecution has discharged its duties – and no less is expected of public servants who are called to ensure the incorruptibility of our government’s officials,” Mordeno said.
Finding of “prima facie case”simply means that the evidence presented is “good and sufficient on its face”. The establishment of a “prima facie case” is not the same or even synonymous to a conviction. It is simply a legal approximation, which if unexplained or contradicted, can counterbalance the presumption of innocence.
In gist, the Honorable Sandiganbayan found that the Prosecution, represented by the Office of the Ombudsman, have established a “prima facie case”. By reason of which, it could not allow the Defense to file a Demurrer to Evidence – which, if granted, will result in the dismissal of all of the above charges.
“It is pure political harassment. Lawfare does not promote public accountability nor justice, but a waste of the precious resources of the courts,” he added.
Moreno has filed his candidacy for governor of Misamis Oriental in the 2022 election. (PR)
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