By NITZ ARANCONCorrespondent /
MAYOR Oscar Moreno over the weekend refuted an assertion made by ex-councilor President Elipe that the group managing the sports complex is a private entity that cannot be subjected to civil service and other government rules.
Moreno said, “The Misamis Oriental Integrated Sports Council is not a private entity. It has no juridical personality, not having been incorprated or organized as a corporation. It is an unincorporated joint venture owned by the province, the city and [Department of Education]. Thus, it is a public entity just like its owners.”
Moreno said this as Elipe, the sports center’s general manager, asserted that the Commission on Audit has no jurisdiction over the council’s finances because, supposedly, it is a private entity.
As such, neither can he be subjected to the election rule that bars candidates from being appointed to public office within the year after the elections, Elipe said.
Moreno said the operations of the sports complex cannot be considered private because it is owned by the provincial and city governments and Deped.
He also pointed out that the capitol, city hall and Deped occupy seats in the sports council.
Elipe, according to Moreno, should not have been appointed as general manager of the sports center.
Moreno said Elipe’s appointment was problematic in that the ex-councilor was found guilty by the Office of the Ombudsman in an administrative case and barred from holding any position in government.
He referred to the administrative case resulting from the alleged doctoring of the daily time record of Elipe’s sister when she served as a member of his staff in the city council.
“Actually, illegal na man nang pag-manager ni Elipe diha kay na-a na man siyay dismissal ug ang dismissal niya na-a man kadtong permanent disqualification to hold public office. Mao nang mo-ingon siya nga private ang sports center. That’s not true,” said Moreno.
Incidentally, the ombudsman also slapped Moreno with similar dismissal and disqualification orders in connection with separate administrative cases. These were prevented by the Court of Appeals from being implemented.
Last week, Elipe welcomed a city council investigation into the alleged irregularities in the finances and operations of the sports center that was sought by Councilor Ian Mark Nacaya.
Nacaya based his call on an unsigned complaint sent to the Commission on Audit, Civil Service Commission, and the ombudsman by a group that calls itself the “Concerned Sports Enthusiasts of Cagayan de Oro and Misamis Oriental” or “CDO-Misor Sports Enthusiasts.”
In the letter of complaint, which Nacaya read before the city council, the group alleged that Elipe’s group has not been accounting for the funds it generates through fee collections and rentals, and that the sports council has been spending for materials intended for the promotion of the political interests of the ex-councilor and his brother-in-law, Gov. Yevgeny Vincente Emano.
The group also questioned Elipe’s appointment by Emano, calling it a case of nepotism, and a violation of an election rule.
Elipe was a candidate for provincial board member in Misamis Oriental in May 2016. He said he assumed as general manager in July of the same year or just two months after his election loss.
But Elipe argued that he is not subject to the election rule, asserting that the sports council that made him general manager is a private entity.
Moreno brushed Elipe’s assertion off, saying that Elipe is holding a public position as general manager.
He said, “The sports council has no personality of its own. It was not created by or under any law. It is simply an extension of its owners. The council follows the personality of its owners which are all public entities. The general manager position is, therefore, a public position. Moreover, Elipe represents his principal which is no other than the province of Misamis Oriental.”
Moreno blamed the controversy surrounding the sports center’s finances on the supposed change in the structure of the sports council.
He said the capitol effectively removed the checks and balances by leaving the education department out.
Moreno said the Deped should have remained as comptroller of the sports center.
Instead, according to Moreno, Gov. Emano made the provincial treasurer the sports center’s treasurer.
“Siya na ang gabo-ot halos,” he said.
Moreno said while the governor chairs the sports council, city hall should mayor should serve as vice chairman, and the Deped, as treasurer and comptroller.
He said when he was Misamis Oriental’s governor, the Deped served as the comptroller.