By NITZ ARANCON with LITO RULONA
Correspondents
THERE was jubilation at city hall on Friday the 13th as the Court of Appeals (CA) granted Mayor Oscar Moreno’s petition for a temporary restraining order (TRO) shortly before government office hours ended yesterday. Moreno was given a 60-day reprieve.
Moreno’s supporters, who amassed at city hall since Thursday afternoon, cried as they heaved a sigh of relief following the announcement of what they perceived as the first legal victory of the embattled mayor.
“Justice is being served!” Moreno told a cheering crowd that included his partymates Reps. Rolando Uy of the city’s 1st District and Peter Unabia of Misamis Oriental’s 1st District.
The city hall crowd cheered and chanted Moreno’s name when Gusa barangay chairman Marlo Tabac announced that the CA granted the mayor’s petition.
Moreno’s spokesperson Maricel Rivera was in tears. “We were being battered, we really didn’t expect this,” she said.
City administrator Dionne Gersana said the announcement came shortly before 5 pm.
A video clip posted by city hall’s press office showed that the atmosphere turned festive as Moreno went out of the lobby of the Executive Building to wave at the crowd. The clip showed him being joined at the veranda by his wife Arlene, running mate Rainier Joaquin Uy, Rep. Unabia, and candidate for councilor Nixon Baban.
The confirmation of the CA order, signed by Associate Justices Edgardo Camello, Henri Jean Paul Inting, and Pablito Perez, came over an hour after the city council officially recognized Acenas as the new mayor of the city.
In a special session that started at around 3:30 pm, the city council also recognized Darimbang as the new vice mayor, and Ramon Antonio Mendoza as the acting city treasurer.
Councilors Zaldy Ocon, Roger Abaday, Teodulfo Lao Jr., and Enrico Salcedo did not show up during the session.
Councilors who approved Resolution no. 2015-308 that officially recognized Acenas and Darimbang were Arnold Barba, Alden Bacal, Alexander Dacer, President Elipe, Nadya Elipe, Annie Daba, Edna Dahino, Dante Pajo, Ramon Tabor, Dometilo Acenas, and Yam Lam Lim.
While this was taking place, the embattled Moreno held out at city hall’s Executive Building, asserting that he has remained as the city’s leader.
Before the CA issued the order, the political crisis gripping the city worsened as Acenas and Moreno issued separate and conflicting memoranda that made the power struggle at city hall more prominent yesterday.
Acenas named Mendoza as the replacement of city treasurer Glenn Bañez while Moreno sent copies of his memorandum to city hall’s depository banks, cautioning them against financial transactions by his vice mayor who was sworn in as mayor on Thursday night.
Acenas also asked Department of Interior and Local Government (DILG) regional director Nilo Castañares to evict Moreno from the Office of the City Mayor. He said the DILG assured him earlier that it would make Moreno leave city hall.
Moreno said it was not “business as usual” at city hall even as he declared a stand-off since Acenas and Darimbang took their oath on Thursday.
He told a morning news conference that the stand-off would continue until the ombudsman or the appellate court rules on his motions.
Moreno issued Memorandum no. 479-15, asking the banks to disregard Acenas’s notices.
Part of Moreno’s memorandum reads: “We respectfully request your bank to disregard any memorandum or letter from Vice Mayor Caesar Ian Acenas, stating that he is now the acting mayor and directing your respective banks not to honor any financial transaction” made by him.
Moreno warned the banks of a lawsuit “to protect the interest of people of the City” if they honored Acenas’s signature.
He said the manner by which the DILG served the ombudsman’s order on Thursday night was “improper,” and had “no legal effect.” He maintained that the DILG did not serve the dismissal order to him.
Moreno said he was informed that the DILG merely posted the order at the Legislative Building of city hall when he was in his office at the Executive Building at that time.
“The posting of the order at the ground floor of the Legislative Building which is another part of the city hall compound does not constitute as a valid constructive service since the actual official address of the Office of City Mayor is located at the Executive Building,” he said.
Disclaimer
Mindanao Gold Star Daily holds the copyrights of all articles and photos in perpetuity. Any unauthorized reproduction in any platform, electronic and hardcopy, shall be liable for copyright infringement under the Intellectual Property Rights Law of the Philippines.
