CA makes it clear: It’s Mayor Moreno

By NITZ ARANCON
with LITO RULONA
Correspondents

THE Court of Appeals (CA) yesterday released a resolution making it clear that the temporary restraining order (TRO) it issued on Friday meant a status quo in favor of Mayor Oscar Moreno.

The CA resolution was made in response to a manifestation of the Department of Interior and Local Government (DILG) that sought a clarification from associate justices about the the 60-day TRO they issued on Friday.

The CA resolution stated that the TRO applies to acting city treasurer Glenn Bañez, too.

Moreno and Bañez were ordered dismissed from the service by the ombudsman in connection with a 2014 tax settlement with Ajinomoto Philippines. It was alleged that the two officials agreed to lower the assessment of Ajinomoto’s local taxes from P2.9 million to P300 thousand without the city council’s consent.

Moreno, who questioned the Office of the Ombudsman’s decision because it allegedly missed out on his counter-affidavit, sought relief from the CA. But despite the TRO, Vice Mayor Caesar Ian Acenas asserted that he has already assumed as mayor on Thursday, and that the CA order had no effect on him because it was “moot and academic.”

Moreno said the TRO was only a “preliminary,” and that the CA has yet to look into his complaint against the Office of the Ombudsman.

“If the ombudsman reverses its decision, then the CA case will become moot and academic,” he said.

Moreno said he received a copy of the five-page CA resolution at around 4:30 pm yesterday. It was signed by Associate Justices Henri Jean Paul Inting, Edgardo Camello, and Pablito Perez.

The CA ruling, seen to end the standoff at city hall for good, came a day after the DILG recognized Moreno as mayor and Acenas as vice mayor.

DILG regional director Nilo Castañares told a news conference yesterday morning that Moreno would continue to be recognized as mayor and Acenas as vice mayor unless the CA stated otherwise.

“We cannot have two mayors. Moreno is recognized as mayor. Acenas will stay as vice mayor,” Castañares was quoted as saying by Mindanews.

Lawyer Perseverando Araña, the chief legal counsel of the DILG regional office, said Acenas would court a lawsuit unless he stepped aside.

“He will be  held liable if he continues to act as mayor,” Araña said.

Castañares delivered copies of the Nov. 17 letter to Moreno and Acenas on Tuesday night. In the two-page letter, DILG Undersecretary Austere Panadero stated that while the Department waited for the CA to clarify the 60-day TRO it issued on Friday, it will continue to recognize Moreno’s “performance of functions as Mayor of Cagayan de Oro.”

Castañares said Acenas did not receive and did not sign the letter which the DILG delivered.

“He refused to sign so amo nalang gibilin sa iyang opisina,” said Castañares.

Before the CA resolution, Acenas’s lawyer Francis Ku asserted that the vice mayor already assumed as mayor by way of automatic succession after the DILG served the dismissal order against Moreno on Thursday.

Moreno’s lawyers have maintained that the dismissal order from the ombudsman was improperly delivered and therefore, not served. They said Moreno did not receive such an order from the DILG.

Ku assailed Panadero’s Nov. 17 letter, saying it was inconsistent, and had no effect on Acenas’s position. He also said the DILG letter also reflected a mere opinion that was not binding.

He said the DILG was inconsistent because while it filed a manifestation before the CA to ask for clarification, it also admitted that it already implemented the dismissal order of the ombudsman against Moreno.

Ku pointed out that while the DILG recongized Moreno, it did not remove Acenas who was already sworn in as mayor.

He said Acenas was being deprived of “due process,” adding that the most recent DILG letter further complicated matters.

Ku said Acenas “will continue to act [as mayor] until such time” when the CA issued a clarification. Hours later, the CA issued the resolution in favor of Moreno.

“Naka-assume na si Acenas unya nakapanumpa na ayha pa dayun gi-serve ang TRO. It is moot and academic,” he said.

Ku said Acenas would wait for the ombudsman’s decision on Moreno’s motion for reconsideration, and has started considering legal remedies, and could go the the Supreme Court.

Moreno’s lawyer Mateo Delegencia said it was Acenas’s group that was inconsistent in their positions.

“Kinsa man diay ilang tuohan? Sa dihang  gi-serve sa DILG ang mando sa ombudman,  OK sila. Kon pabor sa ila, approve, kon against sa ila, disapprove?” said Delegencia. (with reports from lito rulona)