By NITZ ARANCON
Correspondent
LAWYERS of Mayor Oscar Moreno are going in for the kill after the Court of Appeals (CA) dismissed a graft case that nearly cost the local chief executive his position late last year, saying they intend to use the decision to convince the Sandiganbayan to trash the ombudsman’s case, too.
The announcement came even as Mayor Moreno welcomed the ruling of the 22nd Division of the CA that reversed the assailed decision of the Office of the Ombudsman to dismiss and perpetually disqualify him and city treasurer Glenn Bañez for holding public office because of a 2013 tax settlement between city hall and Ajinomoto Philippines Inc.
From Vienna, Moreno told the Gold Star Daily:“Grabe ang demolition job and conspiracy na dinaanan ko. Without letup and incessantly vigorous! Unprecedented! But truth and justice prevailed!”
Moreno also sent this prepared statement: “The Court of Appeals’ ruling reversing the Ombudsman’s order dismissing me and my treasurer relating to the Ajonomoto reclassification has vindicated us, and what made the CA ruling especially significant was its discussion of the merits of the case. God is good! Thank God and the people! Thanks a lot for all those who supported and inspired us during those extremely trying times. Justice is alive in CDO!”
Moreno said the ruling “somehow relieved me from the pains I went through in that grand demolition job.”
The CA decision came after Ombudsman Conchita Carpio-Morales gave the recommendation to indict Moreno and Bañez before the Sandiganbayan the green light.
But Moreno and Bañez’s lawyers said they would make use of the CA’s Oct. 13 decision to convince the Sandiganbayan into dismissing a similar case filed against the officials before the anti-graft court.
Moreno’s lawyer Dale Bryan Mordeno said he was preparing to file a manifestation, and ask the Sandiganbayan to dismiss the criminal case in view of the CA’s Oct. 13 ruling on the administrative case. He said he would file a motion to quash or motion to dismiss the criminal case before weekend.
Mordeno said his manifestation would be supported with the 26-page CA ruling that cleared Moreno and Bañez from allegations of wrongdoing.
He said there was no more reason for the Sandiganbayan to hear the criminal case given that the CA ruling detailed how it arrived at a decision to declare that Moreno and Bañez did not violate any law and that there was no grave misconduct.
Bañez’s lawyer Mateo Delegencia said the CA ruling should be enough to convince the anti-graft court that like Moreno, his client did not violate any law.
“Among gamiton kini nga decision sa Court of Appeals sa among pag-file sa among motion to quash or motion to dismiss kay nag-ingon man angmaong decision nga si Moreno ug Bañez walay gi-violate nga bala-od. Unsa pa may husayon sa Sandiganbayan nga kaso, nga wala man diay silay gi-violate nga bala-od sa ilang tax settlement sa Ajinomoto?” Delegencia asked rhetorically.