Monday, November 23, 2015

Installed Oro mayor steps down, Oca regained seat

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CAGAYAN de Oro City (BEN BALCE/Golden Journal) – THE installed City Mayor here on Thursday last week stepped down after the Court of Appeals (CA) counted the reckoning of the effectivity of the Temporary Restraining Order (TRO) to the day it was filed in court.

The CA’s 22nd Division, based in Cagayan De Oro City on Wednesday granted the petition of City Mayor Oscar Moreno to start the reckoning of the TRO on the day it was filed in court rather than on the day the CA issued a resolution granting him the 60-day TRO.

The Department of Interior and Local Government (DILG) has served the notice of dismissal of Mayor Moreno on Nov. 12, 2015 and Vice Mayor Caesar Ian Acenas was sworn in as the City Mayor in accordance with the law of succession.

City Councilor Lourdes Darimbang, the first City Councilor, was also sworn in as the City Vice Mayor. The following day, the City Council, chaired by Darimbang held an emergency session and passed a resolution recognizing Acenas as the new City Mayor.

Moreno’s lawyer obtained a restraining order from the CA here in the afternoon on Nov. 13, 2015 after the “emergency session” and a day after Acenas was installed as the new City Mayor. Acenas contested the TRO as moot and academic because the Ombudsman’s order was already served.

The CA gave the DILG, the complainant five days to respond to the CA’s resolution. In their response, Moreno argued that the reckoning of the TRO should start at the time the petition for the issuance of the TRO on the day it was filed in court.

The CA granted the petition of Moreno on Wednesday (Nov. 18, 2015), which also uphold the opinion of the DILG that Moreno is still the Mayor to be recognized pending the resolution of Moreno’s motion for reconsideration with the Ombudsman.

Ombudsman Conchita Carpio Morales has approved the dismissal of Moreno on October 6, 2015 with Grave Misconduct for entering into a settlement agreement with Ajinomoto Philippines without prior authorization from the Sangguniang Panlungsod in violation of R.A.No. 7160 (The Local Government Code).

The order of dismissal also penalized Moreno and City Treasurer Glenn Banez with perpetual disqualification to hold public office and forfeiture of all retirement benefits.

Under the Ajinomoto agreement, the firm has paid only P300,000 business tax out of the P2.9 million business tax that the firm was supposed to pay to the city government.


In his Motion for Reconsideration, Moreno argued that the Ombudsman order was not final and executory until his motion is acted upon by the anti-graft court. (With report from PNA)

DILG recognizes Moreno as mayor

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CAGAYAN de Oro City Mayor Oscar Moreno

CAGAYAN de Oro City (BEN BALCE/Golden Journal) - The Department of Interior and Local Government (DILG) on Wednesday issued a statement “recognizing” Oscar Moreno as “still” the City Mayor of Cagayan De Oro City.

In a letter addressed to City Mayor Oscar Moreno, dated Nov. 17, 2015, DILG Undersecretary Austere Panadero, said that since the dismissal order is not yet final and executory pending the resolution of the Motion for Reconsideration by the Office of the Ombudsman, the DILG still recognizes Oscar Moreno as the City Mayor of Cagayan De Oro City.

Panadero said that the resolution of the Court of Appeals (CA) specifically enjoined all “department, its officers and agents and all persons acting under them, from enforcing, implementing, and effecting the decision dated August 2015 of the Office of the Ombudsman.”

In a press conference Wednesday at the DILG regional office, Nilo Castanares, the DILG regional director, said that the two-page letter was addressed to Oscar Moreno copy furnished the DILG regional office here.

He said that he tried to serve to furnish the letter to Vice Mayor Caesar Ian Acenas last night, but Acenas did not sign it.

Castanares said that the DILG issued the clarification in response to queries made by the Bureau of Local Government and Finance (BLGF) on who should be recognized as Cagayan De Oro City Mayor.

“The DILG wants to emphasize that there could be only City Mayor in order to resolve the “standoff” and unhamper the basic services that the people need,” Castanares said.

Lawyer Severando Arana, of the DILG’s legal department, said that the actions of Vice Mayor Caesar Ian Acenas following the letter of the DILG Undersecretary could be questioned as to its legal implication.

The DILG served the dismissal order against City Mayor Oscar Moreno Thursday last week on the orders of the Office of Ombudsman, which paved the way to the assumption of Vice Mayor Acenas as the City Mayor.

Panadero’s letter, however, did not recall the installation of Vice Mayor Ceasar Ian Acenas but stated that only the DILG ‘recognizes Oscar Moreno as the City Mayor of Cagayan De Oro City.”

Ombudsman Conchita Carpio Morales has approved the dismissal of Moreno on October 6, 2015 with Grave Misconduct for entering into a settlement agreement with Ajinomoto Philippines without prior authorization from the Sangguniang Panlungsod in violation of R.A.No. 7160 (The Local Government Code).

The order of dismissal also penalized Moreno and City Treasurer Glenn Banez with perpetual disqualification to hold public office and forfeiture of all retirement benefits.


Under the Ajinomoto agreement, the firm has paid only P300,000 business tax out of the P2.9 million business tax that the firm was supposed to pay to the city government. (with PNA)

Dahino: Business groups to hire licensed security guards

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CAGAYAN de Oro City (BEN BALCE/Golden Journal) - A local official, on Wednesday, batted for establishments' compliance with an ordinance that requires the hiring of security guards to discourage commission of criminal activities.

City Councilor Edna Dahino, chair of the city council committee on trade and commerce, said that City Ordinance No. 12841-2014 mandates all high-risk business establishments to hire or engage the services of duly license security guards.

“While everybody’s excited and preparing about celebrating the Christmas season, all money couriers, those that cater to remittances, money changer shops, and others should consider the security of their businesses,” Dahino said.

Dahino said that everybody must be on guard because in a condition where people are living in squalid poverty, the lure of money is so strong.

“It is our duty to keep the would-be-criminals at bay not because of being tempted to commit a crime, but instilling the fear in the minds of committing a crime is the most important,” she said.

Dahino also urged the local village officials to help in the fight against all forms of criminality because the local police force needs everybody’s assistance to maintain peace and order.

Aside from banks, high risk business establishments include lending institutions, pawnshops, money changer shops, internet cafes, gasoline stations, lotto outlets, money couriers, and remittance centers, convenient stores, grocery stores, restaurants, and shopping malls, Dahino said.


She said that the local police has now also included schools as among places or establishments that are prone or susceptible to incidence of robbery and theft.