Oca, Ian gear up for ombud ruling on MR

By NITZ ARANCON
Correspondent

LAWYERS of Mayor Oscar Moreno and Vice Mayor Caesar Ian Acenas are preparing for a second round of legal skirmishes as they anticipate a ruling by the Office of the Ombudsman on the motion for reconsideration filed in connection with the dismissal order against the local chief executive and his city treasurer.

Lawyer Francis Ku, Acenas’s legal counsel, said Acenas would assume as mayor if the ombudsman trashes the motion for reconsideration and upholds its decision to dismiss Moreno and city treasurer Glenn Bañez.

Ku said a dismissal of Moreno’s motion for reconsideration would bring city hall back to the Nov. 12 situation when a “vacancy” in the Office of the City Mayor made Acenas take his oath as local chief executive.

He said Moreno may bring his case to the Court of Appeals (CA) but in the meantime, Acenas would take over as mayor.

Acenas and Councilor Lourdes Darimbang swore in as mayor and vice mayor, respectively, in the evening of Nov. 12 but stepped aside last week after the CA issued a temporary restraining order (TRO).

Former mayor Vicente Emano told ABS-CBN-Northern Mindanao that he was convinced that Acenas has already become the city’s mayor by way of automatic succession after he took his oath of office in Nov. 12.

Councilor Ramon Tabor, Acenas’s partymate, said, “Kon pananglitan i-deny sa ombudsman ang motion for reconsideration ni  Moreno, kanang iyang TRO wala na kanay polos. Vice Mayor Acenas has take over.”

Another Acenas partymate, Councilor Leon Gan, said a denial of Moreno’s motion for reconsideration would make the ombudsman’s dismissal order  “immediate and executory,” and this would allow the vice mayor to take over as mayor of the city.

Moreno’s lawyers however asserted that Acenas cannot assume as mayor even if the ombudsman dismisses the motion for reconsideration.

Lawyer Mateo Delegencia said the 60-day TRO of the appellate court would remain to be in effect even if the ombudsman upholds its decision.

Whatever decision the ombudsman makes would not be final and executory, said lawyer Bryan Dale Mordeno, pointing out that the case could be brought to the appellate court.

While on appeal before the CA, Mordeno said, no succession could take place.

Mordeno cited the recent Supreme Court ruling on the case of Makati Mayor Jejomar Erwin Binay Jr. that stated that decisions made by the Office of the Ombudsman may be reviewed by the CA.

“Tanan decision sa ombudsman maeview na karon sa Court of Appeals kay ma-o man kana ang gisulti sa Supreme Court. So kon ieview pa sa Court of Appeals, nagpasabot nga kana nga decision sa ombudsman is not yet final, ” said Mordeno.