CA reverses dismissal of Cagayan de Oro mayor

MANILA, Philippines — The Court of Appeals (CA) has set aside an order of the Office of the Ombudsman dismissing Cagayan de Oro City Mayor Oscar Moreno from office.

In a 33-page decision released last week, the appellate court also nullified Moreno’s perpetual disqualification from holding public office.

The CA granted Moreno’s petition seeking to reverse the ruling of the ombudsman, which found him and six other provincial officials guilty of grave misconduct, dishonesty and conduct prejudicial to the best interest of service.

The charges against the respondents stemmed from the rental of heavy equipment without public bidding during Moreno’s term as governor of  Cagayan de Oro in 2009.

Aside from Moreno, the CA also cleared the former members of the bids and awards committee – Elsie Lopoy, Rolando Pacuribot, Elmer Wabe, Leemar Tinagan, Divina Bade and Patrick Gabutina.

The appellate court said the ombudsman committed grave abuse of discretion when it issued the ruling.

It said the respondents’ action of resorting to a negotiated procurement could not be considered a misconduct as they were simply responding to the immediate needs of the province at the time. 

The CA accepted Moreno’s defense that urgent repairs and installation of infrastructure were needed as weather disturbances at the time caused heavy damage to the province.

The court said the notices of disallowance and other evidence issued by the Commission on Audit due to the alleged irregularities were not enough to substantiate the charges against the respondents.

It said there was no sufficient evidence to prove that the officials conspired to commit the act.

The CA ruling cleared the way for Moreno’s reelection for a third term as mayor.