FORMER Cagayan de Oro City Mayor Vicente Emano over the weekend said Mayor Oscar Moreno allegedly had a hand in financing a City Hall worker who was behind the criminal case filed against him before the anti-graft court.
Emano’s lawyer Francis Ku said city hall employee Leonor Esparcia admitted in court that Moreno has been helping her financially to appear in the hearing at the Sandiganbayan.
“Nakasulti si Esparcia dihang ako siyang gi-cross examine nga ang nagasto sa iyang pag-tunga niya sa korte si Moreno. Wala siya magsulti nga si Moreno nagsuporta for the entire case,” Ku said, adding the proceedings were on record.
But, Esparcia belied the claims saying all her expenses came from her own pocket and from the office of the Ombudsman.
“Bakak kana ilang giingon. Intriga na para masuko si Moreno nako. Pirmiro nakong larga akong kaugalingon kwarta unya ang uban gikan sa Ombudsman,” Esparcia said.
Esparcia said she secured a certification that she is not receiving help from the City Government or from any politicians.
Asked for comment, Moreno said: “I did not finance Esparcia. I hope Dongkoy realizes that his losing the 2013 elections paved the way for his acquittal. Upon assuming office as mayor, I reinstated Esparcia to her original post rendering the case against Dongkoy (refusal to implement the Civil Service Order to reinstate Esparcia) moot and academic.”
The Sandiganbayan acquitted Emano on Friday over the charges of willful refusal to implement a final decision of the Civil Service Commission (CSC) to reinstate Esparcia to her original position last 2013.
In the 13-page decision signed on Friday, October 13, the Sandiganbayan has found Emano not guilty and is absolved of the charge of violation of civil service law.
“Considering that the prosecution failed to prove that the action of
the accused was willful, this court finds the accused not guilty,” the decision reads.
Emano said he was already expecting that the verdict would favor him as he maintains that he has done nothing unlawful during his term.
Emano clarified that he had prepared an order to restore Esparcia to her position at the JR Borja General Hospital but it was not implemented due to election ban.
The Sandiganbayan agreed with Emano saying “for the accused to effect a reinstatement during the election ban may be construed as a transfer or movement of personnel, and may indeed expose him to possible charges of election offenses.”
The Sandiganbayan also favored Emano’s defense that CSC decision has not been implemented also due to the absence of a writ of execution.
“Wala man gyud nay kamatuoran ilang sumbong nako kay duna man koy order nga ibalik si Esparcia subay sa kamandoan sa civil service gibilin ko sa akong tawo pero nabalaka sila wala ma-implement tungod sa balaod nga panahon sa election walay movement sa empleyado,” Emano said.
Esparcia had been forced to challenge her detail from senior bookkeeper at the city-run hospital to being a security personnel at the city library before the CSC last 2009.
The CSC issued a decision ordering the restoration of Esparcia to her original position in 2013. Esparcia was only reinstated when Moreno won his mayoral bid in the 2013 election.
Emano’s motion for reconsideration was denied by the CSC and his petition for certiorari before the Court of Appeals also ruled in favor of Esparcia.
Emano took a sigh of relief after being vindicated as he expressed his thanks to the people of the city who have showed him moral support while urging his critics to accept defeat.
“Nalipay ako sa decision ug mapasalamaton sa tanan nagsuporta nako ug sa akong mga kaatbang mao man gyud na ang kaso naay magmalampuson naa pud maparot hinaot ilang dawaton kay wala man tingali nabintahaan sa panahon didto sa Sandiganbayan,” Emano said.
