By Cong B. Corrales,Associate Editor
AFTER an unsuccessful takeover of City Hall last year, Vice Mayor Caesar Ian Acenas is at it again.
In his letter to the Department of Interior and Local Government Regional Director Arnel Agabe, dated June 28, Acenas “officially” informed DILG that he “will forcedly[sic] assume the duties and responsibilities as Local Chief Executive” of the city, effective yesterday.
Acenas predicated his letter to Agabe with the latest decision of the Office of the Ombudsman denial of their Motion for Reconsideration in the Ajinomoto case where City Mayor Oscar Moreno and acting city treasurer Glenn Banez were found liable for grave misconduct when they allegedly entered into a tax settlement agreement with the company, without authorization from the City Council.
He also requested Agabe to “take official notice” since he had already taken his oath of office as City Mayor, last year.
Acenas signed the letter as “City Mayor.”
Outgoing city councilor Ramon Tabor agrees and opined that with the Ombudsman’s decision, incumbent Vice Mayor Caesar Ian Acenas can now assume as mayor until June 30.
“Final and executor man ang decision sa Ombudsman, mao na nga mahimo nang molingkod si Acenas sa pagka mayor, hangtud June 30,” Tabor said in a separate interview.
However, in a ruling, dated June 22, the Court of Appeals ruled adversely on Acenas’ Motion to Leave to Intervene on the petitions for Certiorary filed by City Mayor Oscar Moreno and Glenn Banez on the dismissal decision of the Ombudsman over the Ajinomoto case.
Moreno’s lawyer Dale Bryan Mordeno said Acenas could be liable for usurpation of authority and criminal contempt if he insists on acting as mayor of the city.
Associate Justice Edgardo Camello said in the dispositive portion of the 15-page resolution: “In fine, it is inevitable to conclude that since there was no vacancy to speak of in the Office of the City Mayor of Cagayan de Oro, the intervenor has no right to the mayoral office. He has no right or interest to protect to entitle him to intervene in these consolidated cases.
“For these reasons, Motion for Leave to Intervene is denied. All pleading filed by Intervenor Caesar Ian Enerio-Acenas are ordered expunged from the records.”
The same High Tribunal ruling also stated: “It is true that the Ombudsman’s decision has called for immediate execution of petitioner –– Moreno’s dismissal order –– but while the dismissal order was made executory, it was never final. Appeal is even available to petitioner Moreno.”
Meanwhile, from now until the last day of this month, the Commission on Elections must decide with haste the petition for quo warranto filed by former mayor Vicente Emano against Moreno.
In the last two elections, Emano had ran, and lost, against Moreno.
Tabor said Emano has questioned the eligibility of Moreno’s win in the May 9 elections, since at the time the Ombudsman has not yet made a decision on the latter’s case.
But for lawyer Francis Ku, Emano’s legal counsel, the Comelec cannot decide that fast on his client’s petition for quo warranto in a matter of two or three days.
“I don’t think so, kun ingon ana ka paspas ang Comelec mo-decide. I’m sure nga it will take time, but the Comelec has already been informed that the Ombudsman had decided that mayor Moreno has been dismissed from government service,” Ku said.
He said he has advised Emano to just wait for the Comelec’s decision as everything has to go through due process.
As for Mordeno, he assured the people of Cagayan de Oro especially those who “overwhelmingly voted” for Moreno in the last election that the mayor will remain in office. Moreno won with 97,033 votes over former mayor Vicente Emano who got 80,876 and outgoing second district congressman Rufus Rodriguez with 61,804 votes.
“The mandate given by the people to Mayor Moreno to serve a second term cannot be wasted. It in effect, the re-election condoned whatever actions of the mayor,” said the mayor’s lawyer.
