By NITZ ARANCON, Correspondent
MAYOR Oscar Moreno, city budget officer Percy Salazar and city accountant Beda Joy Elot have filed a motion for reconsideration before the Office of the Ombudsman, asking it to reverse its ruling to suspend them, and to dismiss the case for grave abuse of authority and grave misconduct against them.
The case was filed by Puntod barangay chairman Marvin Beja in connection with the lease of a house in Macasandig for boxers receiving training under city hall’s sports program without the approval of the city council.
In his complaint, Beja said Moreno, Elot and Salazar conspired to release P35 thousand a month from Aug. 1, 2013 to Dec. 31, 2013 to pay the rent without the consent of the city council. The house is owned by former Misamis Oriental provincial board member Jimmy Caiña, a known Moreno political supporter.
The 23-page motion for reconsideration, a copy of which was secured by this paper over the weekend, was received by the ombudsman at around 5 pm in July 11.
Moreno, Salazar and Elot also asked the ombudsman to cause a “judicial determination of the existence of probable cause.”
Moreno’s lawyer Dale Bryan Mordeno said the mayor received an official copy of the three-month suspension order in July 5.
Mordeno asserted that the graft investigator and prosecution officer committed grave errors of facts or laws in rendering the resolution which, “if not rectified, are grossly prejudicial” to the interests of his clients.
He said there was no acceptable basis and evidence against Moreno, Salazar and Elot.
“There is no probable cause to indict respondents for violation of section 3(a) and (g) of RA 3019... There is also no evidence that respondents entered into a contract that is greatly disadvantageous to the government, so as to constitute a violation of section 3(g) of R,A. 3019,” reads part of the motion.
Mordeno cited Section 445 of the Local Government Code which he said authorizes local chief executives to enter into contracts even without an authority from the local legislatures as long as these are in accordance with the laws.