CA upholds town execs' suspension

CEBU, Philippines - The Court of Appeals has affirmed the decision of the anti-graft office suspending Aloguinsan Mayor Cynthia Moreno and her husband Vice Mayor Augustus Caesar Moreno for six months pending review of their administrative cases.

In a resolution dated November 24, 2014, CA Associate Justice Pamela Ann Abella Maximo, with the concurrence of Associate Justices Gabriel Ingles and Renato Francisco, denied the petition filed by the Morenos for the issuance of temporary restraining order of the suspension order issued by the Office of the Ombudsman against them.

"With respect to the prayer for TRO and/or writ of preliminary injunction, we find no necessity for its issuance," read the resolution.

The CA said apart from the fact that the Morenos do not have vested right to the offices they hold, the decision of the Ombudsman 'shall not be stayed' by an appeal as provided for under the Ombudsman's rules.

The rules provide that in case the penalty is suspension or removal and the respondent wins such appeal, he shall be under preventive suspension and shall be paid the salary and such other emoluments that he did not receive by reason of the suspension or removal.

Vice Mayor Moreno confirmed they have received a copy of the resolution as early as December 3 last year.

"Paabot nalang mi sa suspension order, amo'ng gi-invoke ang Aguinaldo Doctrine kay na-reelected man ta after 2010 elections pero wa man nila paminawa," he said.

The CA has given the Morenos ten days to furnish copies of all pleadings and documents relevant to the petition.

The Public Assistance and Corruption and Prevention Office-Ombudsman (Visayas) and former town councilor Danilo Margallo, were also directed to file comment and not a motion to dismiss to the petition within ten days.     

The Office of the Ombudsman has sustained its 2010 decision after Graft Investigation and Prosecution Officer III Jose Ronald Bersales denied on October 23, 2014 the motion for reconsideration filed by the Morenos. The ruling was approved by Ombudsman Conchita Carpio Morales.

This prompted the Morenos to file a petition for certiorari before the CA with prayer for the issuance of TRO.

The case stemmed from the complaint filed by Margallo on the sale of two unserviceable dump trucks to Rufino Alpas Junk Shop for the amount of P150,000 without public auction in violation of the Commission on Audit rules.

The dump trucks were reportedly placed inside the garage owned by the Moreno family in violation of the Government Accounting and Auditing Manual. —ATO  (FREEMAN)