Guialani to ask CA to dismiss petition

By NITZ ARANCON, Correspondent

FORMER Taglimao barangay chairman  William Guialani said he would ask the Court of Appeals (CA) today to dismiss Mayor Oscar Moreno’s petition for a writ of prelimary injunction against the implementation of the ombudsman’s dismissal order.

Guialani said this even as he argued that Moreno ceased to become the city’s mayor in Nov. 13 last year despite the CA’s 60-day temporary restraining order (TRO) because the dismissal order was already served, and because Vice Mayor Caesar Ian Acenas already took his oath of local chief executive.

Meanwhile, Moreno has also asked the CA to dismiss Vice Mayor Caesar Ian Acenas’s motion to intervene in connection with the petition for a writ of preliminary injunction.

Moreno submitted his  opposition to the CA on Friday.

Guialani said, “Dili na man siya (Moreno) mayor niadtong Nov. 13 sa dihang gi-issue sa korte ang TRO kay niadtong panahona,  Nov. 12 pa, nakalingkod naman si Acenas. So  unsa pa may i-injunction nga sayop na man da-an ang pag-issue niadtong TRO?”

Moreno’s lawyer Bryan Dale Mordeno said he was confident that they would be able to secure the writ for the following reasons:

• Moreno was ordered dismissed without the ombudsman reading his counter affidavit against the allegations of grave misconduct by Guialani.
• The motion for reconsideration filed by Moreno before the ombudsman has made the dismissal order not final and executory. The ombudsman has yet to act on Moreno’s appeal.
• Moreno had nothing to do with the settlement between city treasurer Glenn Bañez and Ajinomoto Philippines that lowered the tax assessment on the firm. The lawyer argued that the Bañez’s act was a performance of his function as city treasurer that did not involve the mayor.

Another Moreno lawyer, Mateo Delegencia, said he was “99.9 percent” certain that the CA would issue the writ in favor of his client.

Mordeno, meanwhile, said Vice Mayor Acenas had nothing to do with Moreno’s petition against the implementation of the ombudsman’s ruling, the reason why the mayor sought the dismissal of Acenas’s motion to intervene.

“Wala may labot si Acenas niini nga kaso, nganong mag-apil-apil man siya?” asked Mordeno.

On Wednesday, Acenas filed his motion in the hope that the CA would allow him to present his position on Moreno’s petition for a writ of preliminary injunction.

His lawyer Janette Nuñez argued that Acenas should be heard because whatever the decision the CA makes on Moreno’s petition would affect the vice mayor.