Dongkoy questions Oca’s eligibility, win

By NITZ ARANCON
Correspondent

IT ain’t over till the fat lady sings.

Ex-mayor Vicente Emano has filed a petition, questioning Mayor Oscar Moreno’s eligibility to hold office even as he asked the Commission on Elections (Comelec) to recognize him as the winning mayoral candidate in the May elections, a copy of a document furnished the Gold Star Daily yesterday shows.

Emano filed a petition for quo warranto before the Comelec in May 20, eight days after Moreno was proclaimed by the local board of canvassers as the city’s reelected mayor.

The petition basically seeks a legal proceeding during which Moreno’s right to hold office as mayor would be challenged.

In the six-page petition, Emano argued that Moreno was ineligible to seek reelection in the May elections by reason of a 2015 decision by the Office of the Ombudsman that found him guilty in connection with a case that stemmed from city hall’s controversial tax settlement with Ajinomoto Philippines. The ombudsman slapped Moreno with a penalty of perpetual disqualification from holding public office, a decision the mayor has questioned.

Emano also argued that the Comelec should recognize him as the winner in the May 9 mayoral race because Moreno, based on the ombudsman’s decision, was disqualified.

He asked the Comelec to void Moreno’s May 12 proclamation as winner, and to proclaim him as the real winner.

“It is prayed that the petition be granted and respondent Oscar Moreno be declared ineligible to be elected and to assume the position of City Mayor and his proclamation be revoked and the board of canvassers reconvene and proclaim the true winner,” reads part of the quo warranto petition.

Based on the Comelec’s official count, Moreno won in the mayoral race with 97,033 votes against Emano, who was poor second, with 80,786 votes or a difference of 16,247.

Emano however had more votes than four other mayoral candidates–2nd District Rep. Rufus Rodriguez, 61,804 votes; Felix Borres, 342 votes; Ric Saarenas, 299 votes; and Romer Cabildo, 142 votes.

Moreno’s accuser in the Ajinomoto case, former Taglimao barangay chairman William Guialani, earlier filed a similar petition against the mayor, pointing out that the mayor and city treasurer Glenn Bañez were found guilty for grave misconduct, and meted a penalty of perpetual disqualification to hold public office.

Emano stated in his petition that the Aug. 14, 2015 dismissal order from the ombudsman was released in November 2015 or after Moreno filed his certificate of candidacy for the city’s top post.

Emano argued that Moreno’s “ineligibility was  already extant and rendered respondent incapable of being elected.

“The fact of ineligibility as a ‘perpetually disqualified’   candidate means the respondent does not have the  legal capacity to be elected, be proclaimed and to assume office.”

Moreno has questioned the ombudsman’s ruling and filed a motion for reconsideration, arguing that the decision was made without his counter affidavit being considered by the ombudsman. He claimed that the ombudsman, based on its own ruling, missed out his counter affidavit.

The ombudsman has yet to act on the appeal. Moreno also secured a temporary restraining order and subsequently, a writ of preliminary injunction against the implementation of the ombudsman’s order.

Emano argued that the non-implementation of the dismissal order against Moreno because of the court rulings did not mean the mayor was already eligible. He maintained that Moreno was already “ineligible” and that he was “perpetually  disqualified” from holding public office.

“While the enforcement of the dismissal order was suspended because of the TRO,  the status of the respondent’s status as candidate was not affected as he remains to be ineligible  having been ‘perpetually disqualified’ from holding government office. The respondent is therefore not qualified to be elected or proclaimed to the office of City Mayor of Cagayan de Oro,” reads part of Emano’s petition.