Gan warns Kikang: Take over as Oro mayor or else

By LITO RULONA
Correspondent

COUNCILOR Leon Gan over the weekend called on Vice Mayor Raineir Joaquin Uy to assume as mayor of Cagayan de Oro based on the Feb. 5 service of a dismissal order by the Office of the Ombudsman against Mayor Oscar Moreno.

Gan warned Uy that his failure to take over as mayor could mean charges of dereliction of duty against him.

The warning came even as former barangay chairman William Guialani wrote to five city hall’s depository banks, warning the institutions against acknowledging Moreno’s authority as city hall’s signatory.

Guialani’s Feb. 8 letter was sent to the Land Bank of the Philippines, Development Bank of the Philippines, Philippine Veterans’ Bank, Philippine Postal Bank, and Philippine Amanah Bank.

Moreno remained unfazed, saying he was confident about his legal position.

When he reported back to work at city hall on Thursday, after two days of absence, Moreno sent the DILG a letter, informing the Department of his move after the issuance of the CA resolution. The same day, he signed the local government payroll and officiated the marriage of seven couples, according to city hall spokesperson Maricel Rivera.

But Councilor Gan said his group recognizes Uy as the city’s new mayor based on the DILG’s service of the dismissal order last week.

“Among gi-recognize si Kikang (Uy) nga maoy bag-ong mayor. Gimanduan siya sa DILG nga molingkod human gi-declare nga bakante ang posisyon nga gihawiran sa kanhi mayor Moreno,” Gan said over local radio over the weekend.

Gan argued that Moreno failed to secure a temporary restraining order and a writ of preliminary injunction against the recent dismissal order that was served on Feb. 5.

“Yano ra kaayo ang resolution sa Court of Appeals. Wala man gibutang didto nga magpabilin siya sa iyang pagka-mayor. Kanaug una kung duna kay kaulaw, then they can file motion for reconsideration,” Gan said.

He accused Moreno’s lawyer Bryan Dale Mordeno of misleading the public in regard to his clients’ cases in the Office of the Ombudsman.

“They conducted a press conference pero daghan media nag-ingon nga wala nabutang sa resolution nga dili siya mokanaug. Duna ba’y TRO (temporary restraining order)? Duna ba’y WPI (writ of preliminary injunction)? So natuman ang gihimo sa DILG,” he said.

Gan also said the Court of Appeals-Mindanao no longer has jurisdiction over the string of graft cases filed against Moreno. He cited a special order issued by the Supreme Court in November 2017 that transferred the cases to the CA in Manila.

“Pwede ba ba diay aksyonan ang maong kaso nga tua naman didto sa Metro Manila? The case records are already in Metro Manila. Kung duna ma’y gi-file si ex-mayor Moreno nga TRO o WPI, ipadala una kana sa Metro Manila kay tua ra man didto ang kaso,” he said.

He said last week’s CA resolution merely explained the consolidation of the  cases filed against Moreno and other former capitol officials by Antonio Nuñez. Neither was there no manifestation that he could hold office despite the service of the dismissal order by the DILG, he said.

“Dili na kinahanglan i-explain pa. Usa kini ka dakong hagit sa DILG regional office that Kikang Uy can be charged with dereliction of duty if he fails to assume office,” Gan said.

Moreno, for his part, dismissed Gan’s assertions as mere “signs of desperation”.

He told the Gold Star Daily that the CA resolution was clear that the case on which the assailed dismissal order was based is among the 24 cases covered by the CA’s November 2017 consolidation ruling and writ of preliminary injunction.

“They can go to court where they can question the CA resolution,” said Moreno.

He added: “Any decent lawyer worth his salt would understand what consolidation means, but Gan chooses not to understand. It’s understandable because Gan is partisan, and I can understand their desperation. Let him be.” (with reports from herbie gomez)