CAGAYAN de Oro City opposition councilor Leon Gan is insisting Vice Mayor Rainier Joaquin Uy is the mayor of the city, saying Mayor Oscar Moreno's camp misinterpreted the Court of Appeals (CA) resolution.
Gan, a lawyer, said what the resolution did was only consolidate the latest case to all of Moreno's previous cases, and did not mention that it granted Moreno's prayer for a temporary restraining order (TRO) or status quo ante order.
"Ang giaprobahan ang consolidation lamang, igo lang ang CA gihiusa ang kaso ngadto sa mga nagunang kaso pero walay TRO, walay injunctive relief or unsa busa sakto ang pag-serve sa DILG. Sakto ang gihimo sa CA, ang pag-interpret lang sa pipila ang sayop (The CA only approved the consolidation of the cases but there is no TRO, no injunctive relief that is why the DILG did right to serve the order. The CA is right. What is wrong is the interpretation of some quarters)," Gan said.
"Moreno is clearly not the mayor since February 5 up to now," Gan said.
The CA resolution issued on February 7 stated that on January 24, 2018, Moreno, Elmer Wabe, Rolando Pacuribot, and Patrick Gabutina filed the petition for certiorari, TRO, WPI, and status quo ante order.
The resolution said the prayer for consolidation "appears to be in order because of the similarity of facts and issues with the earlier consolidated cases.”
The resolution also pointed out that on November 28, 2017, the Court resolved to re-raffle all Ombudsman cases filed by Moreno with the CA-Cagayan de Oro Station to the Justices in the CA-Manila station.
Although there was no mention that it granted the WPI, TRO, or status quo ante order, Moreno's camp argued that the granting of their prayer for consolidation was enough to allow Moreno to stay as mayor.
Lawyer Dale Bryan Mordeno, Moreno's legal counsel, cited a November 28, 2017 CA resolution that granted them an injunctive writ for Moreno's previous five consolidated cases. It said that the WPI's protective and preservative mantle implicitly and necessarily embraces all the other consolidated cases.
He said the recent case which resulted to the dismissal order for Moreno is now covered by the WPI after the CA resolution last February 5.
But Gan said the arguments should only revolve around the new CA resolution, and not the previous one.
"Ang unod sa resolution, consolidation lang ug walay lain (The gist of the resolution is consolidation and no other)," Gan insists.
Gan then challenged the Department of Interior and Local Government (DILG) to do something to correct the supposed wrongs at the City Hall.
The DILG, who in a press conference said they 'validly' served the dismissal order to Moreno, has yet to comment on the development of Moreno's case.
Published in the SunStar Cagayan de Oro newspaper on February 11, 2018.