Aquino ally in Cagayan de Oro City sacked

The office of the Ombudsman has let the ax fall on yet another key political ally of President Aquino.

In separate decisions that may alter the political landscape in Mindanao in the 2016 general elections, the Ombudsman ordered the dismissal from service of Cagayan de Oro City Mayor Oscar Moreno for allegedly approving a P2.6-million tax break of a private firm without the approval of the city council.

Ombudsman Conchita Carpio Morales also approved the dismissal of two other mayors—Vicente Fernandez of Matanao, Davao del Sur, and Ali Untao Adiong of Ditsa-an Ramain, Lanao del Sur, as well as 27 other local officials in connection with administrative cases brought against them.

Moreno, who is running for reelection under the ruling Liberal Party (LP), and the other officials were also perpetually barred from holding public office. Adiong is also a member of the LP.

A known close friend of LP standard-bearer Mar Roxas, Moreno was one of the prosecutors during the aborted impeachment trial of then President Joseph Estrada from Dec. 7, 2000 to Jan. 16, 2001. Moreno was then representative of Misamis Oriental.

In a statement, the Ombudsman said Moreno and Glenn Bañez, officer in charge of the treasurer’s office, were found guilty of grave misconduct for allowing Ajinomoto Philippines to pay only P300,000 in business tax without the approval of the city council.

The lack of authorization from the Cagayan de Oro City council violated the Local Government Code, said the Ombudsman decision issued on Oct. 6.

While a court approved Moreno’s decision, the Ombudsman said Ajinomoto should have settled its tax deficiency of P2.9 million.

Counteraffidavit

“The approval of the agreement by the court cannot, in any way, legitimize the acts of Moreno,” the Ombudsman said.

Moreno said on Thursday that he had yet to receive a copy of the decision although he had read about it from other sources.

“The order says I have not filed my counteraffidavit on the complaint. The order itself says that very categorically,” he said at a news conference in Cagayan de Oro.

On the contrary, Moreno said he had filed his counteraffidavit to the complaint and that he had no part in the settlement agreement.

“Obviously, the investigators of the Office of the Ombudsman failed to take a look at my counteraffidavit. They missed out on my counteraffidavit and that’s serious miscarriage of justice, especially that this order cleared me from grave abuse of discretion but it held me liable for grave misconduct,” he said.

Too cruel

Moreno said the penalties of dismissal and disqualification were “too harsh, too cruel, very excessive.”

“And specially given that my answer was not considered. Now I understand. My detractors have celebrated because things now appear easier for them. But they will not succeed and the rule of law dictates that there be no miscarriage of justice,” he said.

Moreno said he would file a motion for reconsideration and at the same time, a petition for temporary restraining order against the Ombudsman order in the Court of Appeals.

“Again, the order itself was very clear that I did not file a counteraffidavit, which is not true. I have filed it well on time and in my counteraffidavit. It was very clear that I have no knowledge of the alleged settlement. I did not approve of it. I did not take part in it. So, how could I now be held liable for that?” Moreno asked.

Ex-barangay chair

The Ombudsman’s dismissal order stemmed from a case filed by William Guialani, a former barangay captain in the city.

In his complaint, Guialani alleged that Ajinomoto was made to pay City Hall only some P300,000 for P2.9 million in taxes, excluding surcharges, from 2006 to 2012.

He said this act was tantamount to “grave abuse of authority, grave misconduct and violation of the code of conduct and ethical standards for public officials.” He said the agreement lacked the consent of the city council.

The city information officer, Maricel C. Rivera, said Guialani’s complaint was a clear case of personal vendetta.

“Mr. Guialani will not stop his attacks unless he could get monetary compensation for his firm New Wishing Star Trading Corp., which secured a contract to run the Carmen public market but was later rescinded by City Hall,” Rivera said.

Murder of journalist

In the case of Fernandez, the Ombudsman said he continued to discharge his duties as Matanao mayor even while in detention and after the appointment of his temporary replacement.

Fernandez is among the suspects in the 2010 murder of Digos City journalist Nestor Bedolido.

In the Oct. 5 decision on the Fernandez case, the Ombudsman said the detained mayor continued to issue orders, business permits and appointments, and sign official documents even after the designation of Vice Mayor Elmer Javelona as acting mayor.

The decision on Adiong, also signed last month, said the mayor was found guilty of grave abuse of authority, grave misconduct and oppression when he ordered the burning of a truck owned by a construction firm.

Jera General Construction was contracted by Lanao del Sur Electric Cooperative Inc. to install concrete electric posts and distribution lines in Ditsa-an Ramain town.

“Several witnesses positively identified Mayor Adiong as the one who gave the order to burn the truck,” the Ombudsman said.

Aside from the mayors and former executives, Morales also ordered the dismissal from service of eight officials and employees of the town government of Molave, Zamboanga del Sur, for their involvement in the purchase of expired and overpriced medicines worth P1.8 million in 2009.

Other Mindanao mayors

The Ombudsman also said it found probable cause to indict several other former and current Mindanao officials for various charges.

Among them is former Cagayan de Oro Mayor Vicente Emano for demoting Leonor Esparcia from being administrative assistant III to watchman at the city library.

Mayor Alexander Pimentel of Tandag City in Surigao del Sur, was also charged with violating the antigraft law for refusing to pay Councilor Mario Cuartero his salaries, allowance and bonuses from July 2010 to June 2011.

Mayor Diosdado Pallasigue, of Isulan, Sultan Kudarat, was charged with disobeying a Civil Service Commission order to allow the return to work of municipal planning and development coordinator Elias Segura Jr., who was sacked in 2014 by Pallasique.

Governors

Over the past weeks, the Ombudsman has ordered the dismissal of other local government officials, including two governors.

The Ombudsman announced on Oct. 22 that it had ordered the dismissal from service of Capiz Gov. Victor Tanco Sr. and his son Vladimir III after they were found guilty of grave misconduct for extorting P3 million from a contractor.

Tanco is an ally of President Aquino.

Last month, the Ombudsman also ordered that Masbate Gov. Rizalina Seachon-Lanete, Makati Mayor Junjun Binay and Atimonan, Quezon Mayor Jose Mendoza be dismissed. With reports from Allan Nawal, Orlando Dinoy and Germelina Lacorte, Inquirer Mindanao