Moreno questions suspension order

By LITO RULONA
Correspondent

MAYOR Oscar Moreno over the weekend questioned the ombudsman’s order to suspend him and two other city hall officials for entering into a lease contract to house promising young boxers without authority from the city council in 2013.

City hall spokesperson Maricel Rivera said Moreno and his lawyers have cited a Supreme Court en banc ruling that the suspension of an elective official due to an administrative case “is done only within the term of office.”

Rivera said Moreno was unfazed because there was no wrongdoing when city hall spent over P150 thousand as aid to boxers in connection with the local government’s Sports Development Program.

Rivera said the city hall funds were well spent for a sports program that was instrumental in helping boxers like Albert and Jason Pagara, Milan Melindo, and many amateur boxers who have risen to national prominence.

Aside from Moreno, the Office of the Ombudsman also ordered the suspension of city budget officer Percy Salazar and city accountant Beda Joy Elot for three months without pay. The ombudsman directed the Department of Interior and Local Government (DILG) to implement the order immediately.

Ombudsman Conchita Carpio Morales also ordered the filing of criminal information against Moreno and the two other officials.

The case was filed by Puntod barangay chairman Marvin Beja who alleged that city hall entered into a lease contract to house boxers, and spent some P175 thousand for it without asking permission from the city council.

Last week’s order came as a blow to Moreno who had to stave off two attempts by his political opponents to implement another order from the ombudsman dismissing him and city treasurer Glenn Bañez in the controversial Ajinomoto tax case.

Exactly a week ago, the then Vice Mayor Caesar Ian Acenas asked the DILG to implement the ombudsman’s order to dismiss Moreno and bar him from holding the position in connection with the 2013 tax settlement between city hall and Ajinomoto Philippines.

Barely a week later, the ombudsman said Moreno, Salazar and Elot violated Section 3 (e) of the Anti-Graft and Corrupt Practices Act because of the aid to the boxers.

The young boxers received training at a house in Aluba, Barangay Macasandig to prepare and compete in national events under the city’s Sports Development Program for Professional and Amateur Boxing.

Moreno’s lawyer Dale Bryan Mordeno told local radio on Saturday that the suspension order was “untimely”–it was made public just hours after Moreno’s ceremonial oathtaking before former Senate president Aquilino Pimentel Jr. at Divisoria.

Mordeno also said the case was “clearly” meant as political harassment.

“Sulod na sa upat ka adlaw nagsige kita og dokdok aning atong computer tungod sa kadaghan sa kaso nga giatubang ni Mayor Moreno. The case that Mayor Moreno is facing is just a matter that is very clearly within his prerogative. Labon nay uban diha nga klaro kaayo ang kawat wala makasuhi,” Mordeno said.

He said Moreno has yet to receive an official copy of the suspension order.

According to the ombudsman’s office, “Moreno did not secure authority from the Sangguniang Panlungsod (SP) before entering into a contract in blatant disregard of the provisions of the Local Government Code.”

Mordeno however argued that Moreno merely augmented the budget for the sports program by using city hall savings, an act that did not require the go-ahead of the city council.

“Provided na siya sa general authority as a mayor. Lugar buot nila ipasabot nga kada augmentation of budget, it needs authority from the SP? Kung mag-augment kada semana from savings ingon ana pud kadaghan ang authority. The general appropriations budget has provisions that authorize the mayor to augment the budget from the savings of another item of appropriations in the same class,” Mordeno said.

Mordeno also pointed out that the release of the funds was cleared by the Department of Budget and Management (DBM) and by the concerned city hall department heads.

Rivera said there was no reason for Moreno’s supporters to worry because even if he did not assailt the ombudsman’s order, legal jurisprudence provides that the mayor cannot be suspended beyond his first term of office.

She said Moreno was suspended for a case filed because of an official act during the mayor’s first office term. Moreno, she said, started serving his second office term on Thursday, June 30, and the suspension order was made public the following day or hours after the mayor was ceremoniously sworn in at Divisoria.

While the Supreme Court already decided to do away with the condonation doctrine or the Aguinaldo doctrine in its ruling on the case against Makati Mayor Jejomar Erwin Binay Jr. in 2015, Rivera said Moreno and his lawyers were in agreement that “it would only apply prospectively or to acts after the said jurisprudence has been abandoned.” Rivera pointed out that the acts cited in Beja’s case were done in 2013.

She also said a city ordinance authorized the budget augmentation, and the provision was invoked by Moreno in realigning savings for other purposes. (with reports from froilan gallardo of mindanews)