Ian gets ready to become ‘Mayor Acenas’

By NITZ ARANCON and LITO RULONA
Correspondents

VICE Mayor Caesar Ian Acenas is preparing to assume as mayor of the city, a stateun news agency reported yesterday.

Quoting Councilor Alexander Dacer, spokesman of the Padayon Pilipino which dominates the city council, the Philippine New Agency reported that Acenas was getting ready to take his oath as mayor following the decision of the ombudsman to dismiss and perpetually bar Mayor Oscar Moreno from holding public office for violation of the Local Government Code.

Dacer said members of the city council were waiting for an official copy of the ombudsman’s ruling.

Acenas told the Gold Star Daily that he was ready to take over as mayor provided that he received an order from the interior department.

Ombudsman Conchita Carpio Morales approved the dismissal of Moreno in Oct. 6 for grave misconduct in connection with a tax settlement between city hall and condiments-maker Ajinomoto Philippines Philippines.

The case was filed in March by former barangay chairman William Guialani of Taglimao who accused Moreno and city treasurer Glenn Bañez of abusing their powers.

The ombudsman’s decision states that the city hall-Ajinomoto agreement to reduce the firm’s local taxes from P2.9 million to P300 thousand without the approval of the city council was a violation of Republic Act 7160, otherwise known as the Local Government Code.

Dacer said that the moment that city council secretary receives an official copy of the order from the ombudsman, the local legislature would immediately pass a resolution to recognize Acenas as the new mayor via automatic succession.

“By operation of the law, Acenas would succeed as the city mayor once the incumbent city mayor is evicted from office,” Dacer said in the PNA report.

The report quoted Dacer as saying that Moreno could file a motion for reconsideration with the ombudsman or seek a temporary restraining order from the Court of Appeals (CA) “but he must vacate the post to give way to the vice mayor.”

Dacer cited the case of Makati Mayor Jejomar Erwin Binay Jr. who stepped down after receiving the dismissal order from the ombudsman. He said Binay did this even as he filed a motion for reconsideration, and sought a TRO from the appellate court.

Nilo Castañares, Department of Interior and Local Government (DILG) director for Northern Mindanao, said the Department has yet to receive a copy of the ombudsman’s order.

“There is no official information to that effect. If that is a dismissal or whatever it is, all we have is information from the social  media,”  Castañares said.

He said the DILG would serve the order the moment it receives an official copy “as part of our official functions… because we don’t want to be charged with neglect of duty.”

In a news conference on Thursday afternoon, Moreno said the ombudsman’s order was not executory.

He cited Section 27 of the Ombudsman Act which, he said, provides that only provisionary orders of the ombudsman are immediately executory.

“Since the decision in our case involves a penalty of dismissal, it is my opinion that this is  not executory yet,” said Moreno, a lawyer by profession.

Moreno claimed that the ombudsman decided without taking into account his counter-affidavit that was filed on his behalf by lawyer Jonathan Pacuribot in April 20.

“I was  denied my  day in court. The more reason I believe that the decision against me should not be executory,” Moreno said.

He called the decision “a serious miscarriage of justice.”

Moreno said he would file a motion for reconsideration, and bring the matter to the Court of Appeals by petitioning for  a temporary restraining order.

Former vice mayor Antonio Soriano, a lawyer and chairman of the Citizens’ Watch for Good Governance, said it was Moreno’s legal option to file an urgent motion for reconsideration on the grounds that the ombudsman ordered his dismissal for not  submitting a counter-affidavit.

“All he has to do is show proof of filing,” said Soriano, adding that the ombudsman may recall the order of dismissal against Moreno.

Soriano said the decision against Moreno, based on the mayor’s claim, was not based on the merits of the case.

“There is a big difference between dismissal on the grounds of merits, and dismissal for not submitting a counter-affidavit,” he said.

Soriano said it was possible that Moreno’s counter-affidavit was misplaced, and the ombudsman should investigate why this happened.

Meanwhile, Moreno lashed out at his critics and political detractors for “feasting” on the ombudsman’s order against him, saying that some of them even went to the extent of distributing leaflets the same day news about the ruling broke out.

“Nakasabot ako nga nagpista na ang akong mga detractors pero ang akong mensahi sa ila, they will never succeed,” said Moreno.

He called on his supporters to rally behind him. “I will not give up. I call  on my supporters to join me in prayer  for the light of justice to shine clearly  and unobstructed,” Moreno said.