CA grants Moreno injunction petition

By NITZ ARANCON
Correspondent

THE Court of Appeals (CA) yesterday granted Mayor Oscar Moreno’s petition for a writ of preliminary injunction, dashing hopes by the Padayon Pilipino to seize control of city hall ahead of the May elections.

The ruling of the 22nd Division of the appellate court came hours after CA Executive Justice Romulo Borja broke his silence over the Padayon Pilipino-backed demonstration outside the CA-Mindanao station here even as he cried foul over allegations that associate justices received bribes in connection with Moreno’s petition in order to stop the implementation of the ombudsman’s dismissal oder against the local chief executive.

Moreno announced that city hall received a copy of the writ at around 6 pm. His subordinates and supporters at city hall greeted the news with cheers.

The 11-page resolution was signed by Associate Justices Edgardo Camello, Oscar Badilles, and Perpetua Atal Paño.

The writ was issued and would be effective throughout the pendency of the case “unless revoked or modified.”

The CA division ordered the interior department and all those under it not to implement the ombudsman’s dismissal order against Moreno and city treasurer Glenn Bañez.

All the parties were directed to submit their memoranda within 15 days “in order to better amplify their respective postures in the consolidated petitions for certiorari.”

The CA ruling reads in part: “This Court is convinced that should the respondent DILG proceed with the execution of the decision dated August 14, 2015, after the expiration of the TRO, an eventual resolution of this case will be mooted and rendered academic illusory and ineffectual. Hence, to maintain the status quo, this Court resolves to issue a preliminary injunction…”

Moreno’s accuser William Guialani failed to stop the CA division from granting the writ with his memorandum that reiterated his plea for the dismissal of the mayor’s petition. Guialani reportedly submitted his memorandum at around 4 pm or about two hours before city hall received a copy of the writ of injunction.

Neither did Padayon Pilipino-backed demonstration outside the CA that sought Moreno’s ouster prevented the associate justices from signing their resolution.

In the morning, CA Executive Justice Borja said the allegations raised by demonstrators against associate justices were unfair and baseless.

“That’s absolutely false. Show me one proof. Show me a single piece of evidence, and I will act on it,” said Borja.

He said associate justices handling the petition were not pressured by the demonstration, and that court decisions are made based on the merits of cases.

Although Borja was not among the associate justices who heard Moreno’s petition, he spoke on behalf of the CA-Mindanao station being its executive justice.

Borja frowned over the demonstrators’ allegations, including their placards that implied that temporary restraining orders (TROs) were “for sale,” and that the writ of preliminary injunction was up for bidding.

Demonstrators also alleged that the Moreno case was about the “rule of law versus rule of money,” and that taxes stolen from citizens were used in payoffs to judges.

Borja said all the accusations were false, and were without evidence.

He called the demonstration “contemptuous,” and aimed at pressuring the appellate court into making a ruling based on what demonstrators wanted.

Borja also called the demonstration “illegal” as it was made within 200 meters from the CA.

He said the CA was merely exercising “maximum tolerance” but warned that the organizers and the demonstrators could be cited in contempt of court.

“Yes, theoretically, we can cite them for contempt. We have talked to the police already but right now, we are in the mode of maximum tolerance,” said Borja in an earlier interview.

He said the demonstration affected work at the CA, and he complained of the noise outside.

Borja said associate justices cannot be swayed by rallies, and the demonstration had “no bearing” on Moreno’s petition.

“It has absolutely no bearing. In the court of law, we are not allowed  to consider arguments, speeches, statements outside of the pleading of the parties. We are, in fact, mandated by law to disregard that, otherwise, due process is violated,” Borja explained hours before the writ was issued.

Meanwhile at city hall, Moreno said he suspected that Vice Mayor Caesar Ian Acenas and his party were after of control of city hall’s P2-billion savings in the banks.

Moreno told his subordinates and local government workers that he suspected that this prompted Acenas to file a motion to intervene before the CA last week.

The P2 billion represents city hall’s tax collections last year but have remained unspent because the city council has not approved Moreno’s full budget proposal.

“Mao baya nga wala pa nila approbahi ang budget for 2016. Hulatan nila nga makalingkod si Acenas para human makalingkod, ila dayon nga i-approve ang akong gipangayo nga budget for 2016 nga P4.8 billion,” Moreno said.

The amount, he said, was more than enough to bankroll the Padayon Pilipino campaign to win city hall seats this May.