FORMER Cagayan de Oro City Councilor President Elipe and political ally Leon Gan said they have taken no action regarding the supposed arrest warrant against Elipe, adding they have not even received a copy of the Ombudsman decision denying their motion for reconsideration (MR).
Gan, who serves as Elipe's legal counsel, said they could have acted and taken available legal remedies had the Ombudsman decided to trash their MR before the issuance of the supposed arrest warrant.
"We are waiting for the decision sa criminal aspect but we did not receive so we cannot take available remedy for the interest of my client. Until such time nga makadawat mi ayha na mo effect ang decision," Gan said.
Gan said Elipe has not been served the supposed arrest warrant against him.
Gan dismissed unverified reports that Elipe had been able to personally post bail.
"Kanang storya nga nagpyansa wala koy matubag ana. Tagaan unta mi copy sa decision sa among MR or sa warrant para maverify namo kung tinuod ba na. Bahala sila ana ilang nadawat nga arrest warrant (The story about bail, I cannot answer that. We should have given a copy of the decision of our MR or the warrant for us to verify id its true)," Gan said.
Gan said he suspects somebody might have influenced the Ombudsman to denying their MR and not give them a copy.
"Posible gikuot sa Ombudsman ang decision and gipildi mi wala lang mi tagai og kopya pero kami mag maintain mi sa simple stand nga wala mi tagai sa decision (It’s possible that Ombudsman pulled out the decision and defeated us in the case without giving us copy, but still we will maintain our simple stand that we were not given the copy of the decision)," Gan said.
"Gakahitabo usahay na sa korte nga dili padal-an sa kopya sa decision (Sometimes it happen that the court will not send a copy of the decision)," Gan added.
The police on Monday, November 7, failed to serve the arrest warrants against Elipe and sister Pristine Elipe-Quizon as the two were not home.
City Administrator Dionnie Gersana had charged the siblings for grave misconduct and serious dishonesty after Quizon's daily time record (DTR) for the dates 25, 29 and 30 for the payroll period October 16 to 31, 2013 was made to appear correct even if the respondent has been out of the country from the October 25 to 30 based on the travel record from the Bureau of Immigration.
The Ombudsman said despite knowledge of Quizon's absence, Elipe still approved and certified the DTR as true and correct.
The Ombudsman found them guilty of the charges , prompting the former councilor to file their MR before the ombudsman and petition for review in the Court of Appeals.