CAGAYAN de Oro City Mayor Oscar Moreno's antagonist William Guialani has presented more evidences to the Office of the President against the mayor over the alleged irregularities on the P79 million worth of checks released by the latter in 2015.
Guialani, in a letter to President Rodrigo Duterte dated October 18, reiterated his request that Moreno should be "preventively suspended" to protect the integrity of the documents based on the Commission on Audit (COA)", which disclosed that the P79 million checks were unrecorded and unsubstantiated disbursements.
Guialani showed 8 copies of the 8 disbursement vouchers, signed by the mayor, City Accountant lawyer Beda Joy Elot, and former City Treasurer Glen Bañez.
The documents which he referred to as "evidence of corruption", were allegedly provided by Bañez to him.
He added, that based on the documents, Moreno is "clearly administratively and criminally liable for Gross Malversation/Qualified Theft, and Grave Misconduct, for the illegal disbursement of the P79 million."
"Preventive suspension means nga while hearing our cases, muhangyo ko nga mawala sa siya sa position kay wala ta kahibalo, dako baya siya ug impluwensya. Kung preventive suspension, dili na pud sya makadagan sa Court of Appeals nga mangayo ug temporary restraining order," he said.
Last month, the Legal Affairs Office of the Office of the President has ordered Moreno to answer the complaint.
The Legal Office also affirmed that there were no records and substantial disbursement of the checks, which were released by the Philippine Postal Savings Bank, Philippines Vetrans Bank, Landbank of the Philippines-Velez, and the Development Bank of the Philippines.
Moreno's camp earlier claimed that the Commission on Audit has already investigated the matter and found the transactions "regular".
He also disclosed that the checks were actually spent for the PhilHealth.
But Guiliani went to COA himself and asked for documents such as audit and observation memorandum, notice of suspension and disallowance, voucher check, entries of book of accounts, entry check in the checkbook, entry in the disbursement books, and appropriation ordinance.
All of which, Guilani said, will prove that the transactions were indeed regular, as what Moreno's camp had been insisting.
In response, COA said that the first 3 documents cannot release these as the matter is still under audit of investigation by the commission, while for the remaining items, COA said that such information is in the custody of the audited agency under the local government of Cagayan de Oro.
"Now I received their counter affidavit unya ingon sila nag forum shopping daw ko kay kini na issue gi-file nadaw ni Clemente Atoc sa Ombudsman. Pero akong tubag, kung naa man gani naka-commit og forum shopping, kana siguro ilang gbuhat na wala pa na-resolve ang kaso, matingala ka nga naa na dayon nigawas nga TRO," he said.
Guialani said he cannot commit forum shopping as the cases have separate course of action.
He pointed out that Atoc's case seeks for administrative and criminal punishment, while the one he pursues only seeks for disciplinary action.
Guialani also said that Moreno's camp never explained where the P79 million went.
"Klaro kaayo nga namakak sila, sige silag ingon nga na clear na, pero nganung dili na maprove asa ang kwarta nipadulong."
Guialani said he is positive that the Office of the President will favor his petition for preventive suspension, saying it is clear that Moreno caused irrepairable damage to the people of Cagayan de Oro.
Published in the SunStar Cagayan de Oro newspaper on October 22, 2017.