Monday, March 18, 2019

Appellate Court on Moreno’s dismissal: One TRO for all

THE Court of Appeals-Manila (CA) has affirmed City Mayor Oscar Moreno's position that there was no need for another temporary restraining order (TRO) to prevent the immediate implementation of yet another dismissal order by the Office of the Ombudsman against Moreno last February 7.

In the CA Special 17th Division resolution issued on June 29, the CA said it granted the urgent motion to consolidate all 24 cases against Moreno for issuance of the TRO.

It also pointed out that it was no longer necessary to issue a separate injunctive order for Moreno's 24th dismissal order, citing that there is an underlying principle of consolidation and that the writ of preliminary injunction issued on August 29, 2017 has a continuing validity and effectivity.

READ: Mayor hopeful other cases will be thrown out

"IT IS A VINDICATION FOR ME," City Mayor Oscar Moreno said of the Sandiganbayan resolution dismissing 1 of his 24 graft cases.

Posted by Sunstar CDO on Thursday, July 5, 2018

Lawyer Dale Mordeno, Moreno's chief legal counsel, said this resolution should put to rest the issues raised by the mayor's critics that Moreno was no longer the chief executive of Cagayan de Oro after the CA only consolidated his cases, and did not issue a TRO last February 7.

It can be recalled that the CA 22nd Division last February 7 upheld the consolidation of the 24 cases filed at the Office of the Ombudsman against Moreno. The consolidation was issued only after the Department of Interior and Local Government served the dismissal order to the mayor.

“The CA granted our prayer for consolidation but unfortunately there are others that questioned it, saying there was no TRO. The mayor was again a recipient of another case because of that, the case was usurpation of authority. But this new resolution stated clearly what exactly the effect of the consolidation was. The effect of that consolidations is as if the previous TRO and the WPI issued in the earlier cases part of the 24 cases, it is deemed as if the TRO was also issued in the consolidation of cases,” Mordeno said in a press conference on Thursday.

“This is an affirmation of the position that we have been interposing, the CA by issuing this resolution, it sustained our position from the very start,” he added.

The CA resolution, however, increased the amount of the bond in the amount of P100,000 for each of the respondents, considering the extensive nature of the transactions which are subject of the consolidated petitions.

Moreno is directed by the court to post a bond worth P1,000,000 while all other petitioners are directed to post P200,000 bond each within 10 days from notice of the said resolution.


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