Weaponization of cases

By Teddy Sabuga-a
Team OKKA

THE camp of Mayor Oscar S. Moreno regrets the “weaponization” of legal cases for political purposes because it has far-reaching implications to the overall legal system.

The pattern is clear — the people filing the complaints against him are either connected to the local opposition he defeated in the last two elections or those whom he refused to give concessions to protect the interest of the city.

Among the most prominent is former Taglimao barangay captain William Guialani and the husband of one of the lawyers of Padayon Pilipino, Engr. Antonio Nunez — his wife is an outspoken lawyer of former vice mayor Caesar Ian Acenas.

Guialani filed the Ajinomoto tax settlement case, the administrative and criminal aspects of which have been dismissed by the Court of Appeals and the Office of the Ombudsman, respectively.

The administrative aspect of the 24 cases for alleged equipment rental when Moreno was still governor of Misamis Oriental have been merged into one case by the Court of Appeals which also issued a Writ of Preliminary Injunction on the cases that meted the mayor with the penalty of dismissal and perpetual disqualification from public office.

The criminal aspect, consisting also of 24 cases, two have been dismissed by the Sandiganbayan and the remaining 22 have been consolidated into one case.

The cases filed by former Puntod barangay captain Marvin Beja for augmentation of budget for the much successful sports program of the mayor have also been dismissed. Two cases filed by former vice mayor Acenas have also been dismissed.

Moreno’s chief legal counsel Dale Bryan Mordeno admits he lost count of the cases but of the around 100 cases filed against Moreno and key City Hall officials either by the opposition or groups or individuals with an ax to grind against the mayor, only 16 are pending. That includes the consolidated administrative case for the equipment rental covered by a WPI and the consolidated case for the criminal aspect pending in the Sandiganbayan.

Guialani’s ax against Moreno stemmed from Moreno’s disapproval of a lease agreement between the City Hall and Wishing Star Corporation for the use of a portion of the Carmen Market. Moreno thought the agreement is unfavorable to the city. Even Guialani admits this.

In all the cases filed against Moreno, there were no direct allegation he profited and/or misused public funds. The equipment rental cases when he was governor have been twisted by the opposition as irregular because there was no bidding, omitting the fact that in our procurement laws, there are other means, like “shopping,” when certain conditions warrant it.

In fact, the Commission of Audit regional office in Northern Mindanao had said in a report that: “It is incontrovertible that services have been rendered, services of equipment not found exceeding the prevailing rental rules, benefits enjoyed by the public, and the accomplishments duly recognized and cited.”

Mordeno said he is confident Moreno will overcome these legal cases which he said are really political in nature.

Moreno, who is running under the administration PDP-Laban for his 3rd and last term, is campaigning based on his accomplishments in the last six years. This include building over 600 classrooms in 15 school campuses around the city; modernizing an decrepit and dilapidated 200-bed JR Borja Hospital; construction of two 50-bed hospital; concreting of around 180-km farm-to-market roads; distribution of over 2,000 land titles for the informal settlers; construction and operation of a Sanitary Landfill that is compliant to RA 9003.

From over 600 deaths during “Sendong” to zero during typhoon Vinta, which caused two 100-year cycle floods in a span of six years, the city has been ranked No. 1 in terms of resiliency by the Department of Trade and Industry.

Moreno’s last term will be focused on preparing the city into becoming the 4th metropolitan city of the country by 2022.

The city government under Moreno was also recipient of numerous awards like the 2017 and 2018 Gawad Galing Pook for Rising up from the mud (a documentation of building back better after Sendong), and “No Vote Ibot, No More” (the story of giving land titles to informal settlers).

Moreno and his ticket’s showing in several commissioned polls show him with very solid numbers going into the local elections. This despite the number of cases and a widespread vilification campaign by the local opposition calling him “kawatan” at every turn.

(Teddy Sabuga-a is the city administrator.)