The Court of Appeals has paved the way for the reelection of Cagayan de Oro City Mayor Oscar Moreno after it set aside the ruling of the Office of the Ombudsman ordering his dismissal from service and perpetual disqualification from holding public office following his alleged involvement in an anomalous public bidding in 2009.
In a decision released last week, the CA’s 12th Division resolved to set aside the December 2017 resolution of the Ombudsman over the rental of heavy equipment without public bidding during his term as governor ten years ago.
The appellate court granted the petition of the mayor seeking the reversal of the Ombudsman ruling, which found him and six other provincial capitol officials guilty of grave misconduct, serious dishonesty and conduct prejudicial to the best interest of service in 24 administrative cases involving the project.
It also cleared former provincial bids and awards committee members Elsie Lopoy, Rolando Pacuribot, Elmer Wabe, Leemar Tinagan, Divina Bade and Patrick Gabutina.
The appellate court held that Ombudsman Conchita Carpio-Morales committed grave abuse of discretion in ordering the dismissal of the petitioners for resorting to a negotiated procurement rather than the usual public bidding.
The CA said resorting to a negotiated procurement “cannot be considered misconduct, grave or simple” because such act was in response to the immediate need of the province at that time.
The appellate court sided with Moreno’s defense that weather disturbances at the time caused damage to the province, thus urgent repairs and installation of other infrastructure were needed.
The court also pointed out that notices of disallowance and other evidence issued by the Commission on Audit due to the alleged irregularities were “utterly insufficient to substantiate the charges against petitioners.”
It also ruled there was no sufficient evidence to prove the supposed conspiracy among the respondents.
“The existence of conspiracy cannot be presumed, it must be proven through clear and convincing evidence,” read the decision penned by Associate Justice Victoria Isabel Paredes.
Associate Justices Marlene Gonzales Sison and Maria Elisa Sempio Diy concurred in the decision.
Moreno run for a third term as mayor in the elections last month and won against Jose Gabriel “Pompee” La Viña.
