Sandigan acquits ex-CDO mayor

The Sandiganbayan has cleared former Cagayan de Oro mayor Vicente Emano of the charges filed against him for allegedly refusing to reinstate a municipal employee in 2009.

In a 13-page decision promulgated on Friday, the antigraft court’s first division said the prosecution failed to prove Emano’s guilt beyond reasonable doubt.

Filed by the Office of the Ombudsman last year, the case stemmed from Emano’s ”willful refusal” to implement a Civil Service Commission (CSC) order on Sept. 18, 2012 reinstating Leonor Esparcia as administrative assistant III at the J.R. Borja General Hospital.

Emano transferred Esparcia to the city library as security guard in October 2009.

In his defense, Emano said he transferred Esparcia because she was being investigated in connection with an alleged anomalous contract at the time. Emano said the city government filed an administrative case against Esparcia in 2011.

In its ruling, the Sandiganbayan said the prosecution failed to prove Emano’s “willful” intent to defy the CSC order.

“Upon an assiduous review of the evidence presented...the prosecution failed to establish that the accused should be held criminally liable,” the decision penned by Associate Justice Efren de la Cruz read.

The Sandiganbayan gave weight to Emano’s argument that he did not order the reinstatement of Esparcia because there was no writ of execution that accompanied the CSC decision, adding that the election ban was also in effect at the time.

“The lack of the writ of execution from the CSC and the fact that he has a pending appeal before the CA (Court of Appeals) negate the impression that he willfully refused to implement the said decision,” the court ruling stated.

Court records showed Esparcia was reinstated on July 2, 2013 after Emano was defeated in the elections.