Protesters assail CA ruling, justices

By NITZ ARANCON
with GENEVIEVE CANTOR
Correspondents

MAYOR Oscar Moreno’s accuser William Guialani yesterday questioned the credibility of a Court of Appeals (CA) division even as a councilor threatened the appellate court with more street demonstrations until they get “justice.”

The criticisms and threat came despite CA Executive Justice Romulo Borja’s pronouncements that the appellate court was merely exercising “maximum tolerance” amid the demonstration, and that, theoretically, the court’s critics and accusers could be cited for contempt of court.

Vice Mayor Caesar Ian Acenas criticized the ruling of the CA’s 22nd Division that granted Moreno’s petition for a writ of preliminary injunction against the implementation of a dismissal order for grave misconduct issued by the Office of the Ombudsman last year. Acenas said the CA resolution had a “legal defect.”

Lawyer Oscar Musni, a Padayon Pilipino candidate for councilor, said Acenas would likely file a motion for reconsideration.

Guialani, the man who accused Moreno and city treasurer Glenn Bañez of grave misconduct before the ombudsman, spoke before demonstrators yesterday morning, and sharply criticized Associate Justice Edgardo Camello, chairman of the CA’s 22nd Division, and other members of the court division.

Guialani said he suspected that the writ of preliminary injunction granted to Moreno was “ready made.”

“Ngano man, Justice Camello, nga wala man nimo basaha ang akong gi-file nga memorandum?” Guialani asked rhetorically.

He said he submitted a 65-page memorandum shortly before 4:30 pm on Monday in an effort to prevent the issuance of a writ in favor of Moreno. By 6 pm, a copy of the CA resolution was delivered to city hall.

Guialani said Associate Justice Camello and other members of the CA division did not read his memorandum.

“Mao kini nga ako nagto-o nga ‘ready made’ kanang ilang writ of preliminary injunction nga pabor ni Moreno,” Guialani told the crowd that included Vice Mayor Acenas, former mayor Vicente Emano, councilors and barangay chairpersons identified with the Padayon Pilipino.

The resolution was signed by CA Associate Justices Camello, Oscar Badelles and Perpetua Atal-Paño.

Guialani filed a six-page motion for  reconsideration  at around 2 pm yesterday, arguing that the CA associate justices should reverse their decision because they issued the writ without reading his memorandum.

“Nag-file ko sa akong memorandum 4:24 pm,  nakadawat ko sa copy sa writ of preliminary injunction 5:30 pm. Morag ‘ready made’ na. Asa man ang hustisya ana?” Guialani said.

Councilor Leon Gan, one of Acenas’s lawyers, called the CA resolution  “unjust,” and warned that the demonstrations outside the court would continue.

“Hangtud nga dili mahatag sa Court of Appeals ang hustisya, dili mama-uli kining mga tawhana,” Gan said.

Vice Mayor Acenas said the CA resolution was unacceptable, and his party has decided to exhaust legal remedies.

“Dunay himo-on pang mga lakang ang akong mga abogado kay na-a pa may remedy kini nga kaso,” said Acenas.

Musni, meanwhile, said Acenas’s motion for reconsideration would be filed either today or tomorrow.

Musni said the CA division should not have issued the writ given that it has yet to resolve Acenas’s motion to intervene filed last week.

“Gi-resolve unta da-an sa korte ang motion to intervene ni Acenas sa wala pa sila mohatag sa writ of preliminary  injunction,”  he said.

He said the CA should have acted first, too, on Guialani’s motion that sought the inhibition of Associate Justice Camello.

“Wala pa man ma-resolve sa korte ang motion to inhibit nga gi-file ni William Guialani pero ngano nga nakapakana-og na man sila sa writ of preliminary injunction in favor ni Mayor Moreno?” Musni asked. “Unta, ipatunhay ang saktong hustisya ug makalingkod na gayud ang tinood nga mayor niining syuda.”

He said the CA could reverse its ruling.