By NITZ ARANCON
and LITO RULONA
Correspondents
MAYOR Oscar Moreno is set on asking the Office of the Ombudsman today to reconsider its decision to dismiss and perpetually bar him from holding public office in connection with a case filed as an offshoot of city hall and Ajinomoto Philippines’ tax settlement.
The motion would be filed by lawyer Jonathan Pacuribot after Moreno received on Friday an official copy of Ombudsman Conchita Carpio Morales’s ruling that slapped the mayor and city treasurer Glenn Bañez with dismissal orders for grave misconduct.
The seven-page order was approved by Morales on Aug. 14, 2015. It was also signed by graft investigator Modesto Onia Jr. who stated that Moreno failed to submit his counter-affidavit in response to the case filed in March by former Taglimao barangay chairman William Guialani.
“Respondents were directed to file their counter affidavit. Respondent Moreno did not comply in spite of his receipt of the office’s order on 10 April 2015 through Nina Rivara, as evidenced by registry return receipt no. 05376,” reads the decision.
The decision however is ot final and executory, according to Deputy Ombudsman for Mindanao Rodolfo Elman in a video clip posted on Rappler.
“If they file an appeal or motion for reconsideration before the office, the decision is not yet final… This case is not yet final because they still time have to file their appeal,” Elman said.
Moreno strongly denied that he failed to submit his counter-affidavit.
Pacuribot, his lawyer, said the document was submitted at the ombudsman’s satellite office in the city, and a copy was supposedly sent to the Office of the Ombudsman-Mindanao in Davao City.The counter-affidavit was supposedly filed on April 20, 2015, a month after Guialani submitted his complaint.
Pacuribot said he submitted the counter-affidavit within the 10-day period given by the ombudsman.
He said he was assured by personnel of the ombudsman’s office here that they would forward copies of the document to their Davao office.
Pacuribot said the ombudsman received Bañez’s counter-affidavit and yet it missed out on Moreno’s.
“I hope and I pray that the ombudsman will consider my motion for reconsideration… kay gisilotan ako sa sala nga wala nako mahimo,” said Moreno.
Moreno denied any wrongdoing in connection with the settlement between city hall and Ajinomoto that reduced the firm’s business taxes from P2.9 million to P300 thousand.
“Tax assessment man lang ang gihimo ni Bañez ug ang tax assessment iya kini nga trabaho sa tresorero under sa Section 195 sa Local Government Code,” he said.
But even then, he said, he was unaware that Bañez and Ajinomoto agreed on a settlement until he heard the complaints.
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