No value, assert Acenas lawyers of TRO

By LITO RULONA,
NITZ ARANCON
and SHIELA MAE BUTLIG
Correspondents

INTERIOR department-installed Mayor Caesar Ian Acenas’s lawyers yesterday laughed off the Court of Appeals’ 60-day temporary restraining order (TRO) even as they maintained that the Thursday night oathtaking at city hall made the court document useless.

Acenas’s lawyer Francis Ku said the TRO had “no value,” and cannot be used by Moreno and his city treasurer Glenn Bañez against the ombudsman and the interior department or to prevent Acenas from performing the functions of a local chief executive.

“The TRO issued by the Court of Appeals has no effect on Acenas,” said Ku, pointing out that his client had nothing to do with the petition that Moreno filed before the appellate court.

Ku asserted that the TRO does not apply to Acenas. “How can you restrain a person when, in fact, he is not a party litigant in this case?” he asked rhetorically.

He said neither the ombudsman nor the DILG can be restrained because the dismissal order against Moreno was already served on Thursday, and Acenas already assumed the mayoral post.

“Na-serve na man sa DILG ang order sa ombudsman so wala nay angayan i-restrain,” Ku said.

Such assertion was earlier assailed by Moreno lawyer Mateo Delegencia who maintained that the DILG did not properly serve the dismissal order and his client never received any, and therefore, there was no vacancy.

Another Acenas’s lawyer, Janeth Nuñez, said Moreno has already lost his authority to sign city hall documents and perform the functions of a local chief executive after the city council recognized Acenas on Friday.

Nuñez said the CA issued “just a simple temporary restraining order directed to the ombudsman and the Secretary of the Department of Interior and Local Government (DILG) not to implement order, and not to Mayor Acenas.”

She maintained that Acenas is not an acting mayor but a newly installed mayor by operation of law because there was a permanent vacancy due to the dismissal order from the ombudsman.

Nuñez said Acenas filled up the vacuum based on the rule of succession.

Nuñez said the DILG has submitted a compliance report to the ombudsman that it has already served the dismissal order, and installed Acenas as the new mayor.

Moreno, a lawyer by profession, said Acenas’s lawyers were using the “technicality” card, and called their reasoning flawed.

“Technical na, sayop pa, Technicality must give way to justice,” said Moreno.

Moreno said the things that took place at the Legislative Building of city hall on Thursday night were “irrelevant,” and that the TRO applies to the “continuing acts” of Acenas.

“Even if the dismissal order was served, the service was irrelevant, and what is important now is that all the parties are restored to the last peaceful uncontested position… Ako ang mayor, si Acenas ang vice mayor. Mao kanang toyo sa TRO. Hustisya baya ang toyo sa TRO dili technicality,” said Moreno.

Moreno’s lawyer Bryan Dale Mordeno maintained that Moreno has remained as the mayor with a mandate from Cagayanons to serve until June 30 next year.

“Kung kinsa kadtong tawo nga iyang i-usurp ang iyang action as mayor, pwede iestrained kay duna namay TRO,” said Mordeno. “Dili maka-claim si Acenas pagka-mayor kay dili man siya elected. Dili sab siya maka-invoke og due process because he is not a part of the case.”

Meanwhile, Rep. Rufus Rodriguez of the city’s 2nd District yesterday called Mayor Oscar Moreno “desperate” even as he reiterated his denial that he had anything to do with the ombudsman’s order to dismiss the embattled local chief executive in connection with the case against city hall’s tax settlement case with Ajinomoto Philippines.

Rodriguez said only former mayor Vicente Emano and interior department-installed Mayor Caesar Ian Nacaya stand to benefit from Moreno’s dismissal.

Rodriguez said this in response to Moreno’s allegation that the congressman pulled some strings, and supported the accuser, former Taglimao barangay chairman William Guialani.

“Moreno is only very desperate,” said Rodriguez, adding that his estranged political ally should instead focus on his cases instead of dragging him into the political crisis now gripping the city.

Rodriguez said Ombudsman Conchita Carpio-Morales, a former Justice, is independent minded, and is holding an independent office. He said not even President Aquino can influence or dictate the Office of the Ombudsman.

He claimed that the he has been in the Office of the Ombudsman was eight years ago.