THE Sandiganbayan First Division has reset the arraignment of City Mayor Oscar Moreno's first graft charges in relation to the "anomalous lease contract" for the city's Sport Development Program for Professional and Amateur Boxing in 2013.
Lawyer Bryan Dale Mordeno, the mayor's lead legal counsel, said the arraignment was originally set last October 26, but was deferred to January 9, 2018.
Mordeno said the reset was due to their filing of the motion to quash information.
"Nag-file mi ug motion to quash on the grounds nga wala may offense nga na commit. In essence, the motion to quash information the same sa motion to dismiss kung sa civil case pa," he explained.
"We are confident na ma-dismiss gyud na kay wala may malversation ana, gibayad baya na sa abang unya P70,000 raman pud na, pamerwisyo lang gyud ni siya. Ang kang mayor na cases, dili kaayo makaguol kay dili man gud malversation, puros lang technicalities," he added.
The Office of the Ombudsman, who is the prosecution panel of the case, had been given 10 days to comment on Moreno's motion.
According to the Ombudsman, Moreno violated Section 3(e) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act when he entered into a lease contract with Engineer Jimmy Caiña in the amount of P70,000 in September 2013.
Caiña leased a part of his residential building for P35,000 a month to accommodate the local boxers under the said program.
But Moreno was faulted when he entered the lease contract without authorization from the city council.
Also, there was no appropriation ordinance passed for the disbursement of public funds for the said program.
Moreno was charged together with City Budget Officer Percy Gonzales Salazar who was faulted for certifying the disbursement voucher for the payment of Caina, and City Accountant Beda Joy Elota for allegedly certifying the obligation request, which reportedly proved the existence of available appropriation.
Mordeno said if the Sandiganbayan will deny its motion, they plan to file a motion for reconsideration, and if it gets denied again, they will seek relief from the Supreme Court.
"Among i-avail gyud tanang possible remedies na pwede ma-avail. Kung mahurot na among remedy, ayha pa mag-arraignment. So madugay gyud kay criminal case man, naa man gyuy presumption of innocence," Mordeno said.
It can be recalled that Moreno was ordered suspended by the Ombudsman for 3 months without pay, after it found the mayor guilty of administrative offense of Simple Misconduct.
However, Moreno and the others were able to get away with the suspension following a temporary restraining order issued by the Court of Appeals, and later, the case was also subsequently dismissed.
Moreno, in an earlier interview, defended his move, saying the 2013 budget ordinance has allowed budget augmentation.
He said the provision in the said ordinance is sufficient to realign budget savings to be used in other purposes even without authorization from the City Council.
The case was filed by Puntod barangay captain Marvin Beja.