Teleserye unfolds again at City Hall
The Court of Appeals (CA) 22nd Division yesterday, February 7, upheld the consolidation of the 24 cases filed at the Office of the Ombudsman against City Mayor Oscar Moreno, making the latest dismissal order , which an official of the Department of the Interior and Local Government (DILG) said they served two days ago, moot and academic.
The CA resolution was signed by Justices Edgardo Camello, Perpetua Atal-Paño, Walter Ong and was received by Moreno's camp at 5 pm yesterday.
In the resolution, the CA said the 24th dismissal order has no effect with the writ of preliminary injunction they had previously issued on Moreno's previous cases.
Lawyer Dale Mordeno said he filed the petition to consolidate the 24cases some two weeks ago.
"Naa nay order of consolidation ang tanan nga 24 cases ni Mayor Moreno, ug kini nga mga consolidation tanan naka-issue na ani ang CA ug WPI ug TRO (There is an order to consolidate all 24 cases against Mayor Moreno and the CA has issued a WPI and TRO on these cases)," he said.
Mordeno said he will immediately inform the DILG today of the CA decision.
With the CA resolution, Moreno will stay as Mayor of Cagayan de Oro.
"We remain steadfast that tungod sa order of consolidation cover na ang tanang kaso ni mayor, wala nay legal effect ang mga kaso (We remain steadfast and because of the order to consolidate the cases, the other cases have no more legal effect) ," Mordeno said.
An official of the DILG earlier in the day insisted that the Ombudsman dismissal order against Moreno was ‘validly’ served at 3:48 pm last Monday, which means that by the rules on succession, Vice Mayor Raineir Joaquin Uy should now be the city mayor.
In a press conference yesterday afternoon, DILG-10 regional director Arnel Agabe said the DILG implemented the dismissal order for Moreno and three others-- former provincial government officials Elmer Wabe, Patrick Gabutina, and Rolando Pacuribot--for grave misconduct, serious dishonesty, and conduct prejudicial to the best interest of service.
The latest order from the Ombudsman is the 24th dismissal order Moreno received in relation to his actions as Misamis Oriental governor in the lease of heavy equipment supposedly without public bidding.
Agabe said he received a memorandum from DILG Undersecretary Austere Panadero last February 2, directing him to implement the Ombudsman decision against Moreno, et al.
Agabe said the order was received by Attorney Mordeno.
“After serving the decision on Mayor Moreno, we also served a copy of the documents we have prepared to inform the vice mayor Kikang Uy for his guidance that we have already implemented the Ombudsman decision,” Agabe said.
“Considering that we have served the dismissal order, by operation of law, the vice mayor will take over as mayor,” Agabe added.
With Uy supposedly the mayor, the highest-ranking Sanggunian member, Zaldy Ocon, would have assumed as vice mayor.
Agabe, however, said they were not able to administer Uy’s oath but pointed out that even if Uy has not taken his oath as mayor, “by operation of law, the succeeding officials should automatically take over the responsibility”.
“If you look into the section 44, there’s no need anymore for us to install anybody, by succession, it’s now the vice mayor as mayor. But he has to take oath, but not necessarily with DILG, but with judges or justices,” he said.
“The moment that we have implemented the service of the decision, the vice mayor is the mayor,” he added.
Agabe refused to comment on the legal actions of Moreno.