THE Office of the Ombudsman has ordered Cagayan de Oro City Mayor Oscar Moreno to answer the plunder and technical malversation charges in connection with the anomalous release of P79 million worth of checks in 2015.
Deputy Ombudsman for Mindanao Rodolfo Elman, in an order issued on December 7, directed Moreno to file his counter-affidavit within 10 days.
Moreno is charged with plunder, technical malversation, grave abuse of authority and grave misconduct.
The order said "No Motion to Dismiss shall be allowed except for lack of jurisdiction. Neither shall a Motion for a Bill of Particulars and other dilatory motions shall be entertained."
"Failure of the respondents to file any counter-affidavit and/or submit all the requirements of this order shall be considered as a waiver of the right to preliminary investigation," the order said.
"Likewise, failure of the complainant/s to submit a reply shall be construed as a waiver of the right to present rebuttal evidence. Consequently, that instant case shall be deemed submitted for resolution on the basis of the evidence on record, without further notice," the order added.
The Ombudsman's office in Mindanao has found that the complaint and supporting documents filed by a private individual, Clemente Atok, are sufficient in form and substance.
In 2017, Moreno's antagonist William Guialani has presented evidences that will supposedly prove that the P79 million checks were released unrecorded and unsubstantiated disbursements.
Guilani, a former Taglimao village chief, showed copies of the eight disbursement vouchers signed by Moreno and City Account lawyer Beda Joy Elot and former city treasurer Glen Banez, who were both respondents of the case.
But Moreno's camp has claimed that the Commission on Audit (COA) has already investigated the matter and found the transactions "regular".
Misamis Oriental Governor Yevgeny Emano, whom Moreno blamed to have a hand on his string of cases, said it was the COA that discovered the alleged irregularities.
"Gagabon-gabon na siya ug gakalipong sa kadaghang kaso na iyang giatubang ug ako dayon iyang pasanginlan. Bisan usa ka higayon wala ako nagduso og kaso batok kaniya," Emano said.
"Dili si Emano ang nangita apan ang gobyerno maoy nangita kon giunsa niya paggamit ang kwarta sa katawhan," he added.
Moreno is facing a number of cases lodged in the anti-graft court, Court of Appeals and including those filed before the Office of President Rodrigo Duterte.