FORMER Taglimao village chief William Guialani said he is thinking of filing a motion for reconsideration before the Court of Appeals (CA) which threw out the ruling of the Office of the Ombudsman dismissing Mayor Oscar Moreno and City Treasurer Glenn Banez.
Guialani, who filed the complaint against the two officials before the Ombudsman for grave misconduct and grave abuse of authority, among others in relation to a tax settlement case with condiments maker Ajinomoto Philippines, said he may also opt to bring the case before the Supreme Court (SC).
Guialani also accused Associate Justice Edgardo Camello, chairperson of the CA’s Special Twenty Second Division and the ponente of the decision favoring Moreno and Banez, of various indiscretions.
"Si Camello, gifilean ko ni siya ug kaso nga gross ignorance of law tong panahon nga si Acenas ang dapat ma mayor, nagfile pud ko ug transfer of venue kay gadawat na si Camello gadawat na ug P15,000 tanan na diha nga mga justices, naa koy kopya ana nga approved ordinance, Ikatulo, nagfile ko nga ag-inhibit siya pero taliwala ana, wala siya naminaw," he said in a radio interview.
Other critics of Moreno also hit the CA decision saying they were not surprised that the CA trashed the administrative case against Moreno and City Treasurer Glenn Banez.
Lawyer and city councilor Leon Gan said they had expected the CA to decide in favor of Moreno and Banez.
"Wala nami nakurat sa maong decision tungod kay daan nami nasayod nga wala nami paabuton sa mga kaso nga dunay kalambigitan ang mayor diha sa CA," Gan said.
But Gan said the CA reversal of the Ombudsman decision may turn out to be a positive development as the case can now be elevated to the SC.
"Among gikalipay nga nahukman na sa CA bisan ilang gibasura nila ang kaso tungod kay duna nay kahigayonan nga madala ang maong kaso sa Supreme Court kay sa tan-ugan diha sa CA nga walay padulngan,"Gan said.
Gan said while Moreno and Banez were able to secure a favorable decision from the CA, the criminal case stemming from the Ajinomoto tax settlement will still be heard by the Sandiganbayan,
In a statement dated October 5, Ombudsman Conchita Carpio-Morales announced that she found probable cause to file charges for violation of Sections 3(e) and 3(g) of the Anti-Graft and Corrupt Practices Act against Moreno and Bañez.
"Diha nato makita ang tinuod kung sakto ilang gibuhat maabswelto sila sa Sandiganbayan pero kung ilang makita ang dakong kahiwian sa balaod mapriso pud na sila," Gan said.
Lawyer Dale Bryan Mordeno, head of Moreno's legal counsel, on the other hand said they will file a manifestation at the Anti-Graft Court for the court to resolve the criminal aspect of the Ajinomoto case taking into consideration the recent CA decision.
"I intend to make a manifestation and furnish the Sandiganbayan a copy of this decision," Mordeno said.
Mordeno said he is confident that the findings of the CA will be 'persuasive' before the Sandiganbayan since, he said, the facts, parties, and subject matter are all the same.
"I think this will be duly considered,” he said.
Mordeno said they will also make a manifestation before the Commission on Elections (Comelec), where a disqualification and Quo Warranto case are waiting to be resolved.
Mordeno said the CA ruling would have a positive implication on the Quo Warranto case filed by losing candidate and former Mayor Vicente "Dongkoy" Emano asking the Comelec to declare him mayor because of Moreno’s dismissal and the Sandiganbayan case filed by the Ombudsman.
Moreno, who is in Vienna, Austria for a United Nations conference, in a statement said the CA ruling vindicated him and Bañez.
"What made the CA ruling especially significant was its discussion of the merits of the case. God is good. Thanks God and the people. Thanks a lot for all those who have supported and inspired us during those extremely trying times. Justice is alive in Cagayan de Oro. This ruling somehow relieved me from the pains I went through in that grand demolition job," Moreno said.
