Cagayan de Oro City Mayor Oscar Moreno. (File photo) CAGAYAN DE ORO CITY - With a string of administrative cases dismissed by the Court of Appeals (CA), incumbent City Mayor Oscar Moreno and his co-accused remain optimistic that they could hurdle the same charges being heard at the Sandiganbayan. The criminal cases, filed in 2016, stemmed from a complaint filed against Moreno, who was then the governor of Misamis Oriental when he ordered the rental of heavy equipment amounting to about PHP15 million between 2007 and 2012. In a statement Thursday, Moreno said he is planning on making a comeback to the province by running in the gubernatorial race in the 2022 elections. The accuser, engineer Antonio Nunez, alleged that Moreno and two members of the provincial bids and awards committee (PBAC) committed an irregularity when they approved the rental of heavy equipment through negotiated procurement and small-value purchases, which the Office of the Ombudsman (OMB) said was a violation of Republic Act 9184 or the Government Procurement Reform Act. Facing the charges with Moreno are former PBAC members Rolando Pacuribot and Cancio Nicanor Guibone. Moreno and Pacuribot have been charged with 16 counts of violation of the Anti-Graft and Corrupt Practices Act and falsification of public documents, as provided under the Revised Penal Code. Guibone, meanwhile, was Moreno's co-accused in one of the anti-graft cases. The anti-graft court's 2nd Division issued a resolution denying Moreno's motion to file a demurrer to evidence on Monday. A demurrer to evidence is a motion to dismiss on the ground of insufficiency of evidence. According to the Sandiganbayan, it is a remedy available to the defendant, to the effect that the evidence produced by the plaintiff is insufficient in point of law, whether true or not, to make a case or sustain an issue. 'Not unexpected' Meanwhile, Moreno's legal team said the mayor and his co-defendants are ready to present evidence to prove their innocence on the cases in the Sandiganbayan. "This recent turn of events is not unexpected. It is a foreseeable outcome of regular and ordinary judicial proceedings, which concomitantly comes with a plethora of opportunities for different courses of legal action," said lawyer Dale Bryan Mordeno, the mayor's head legal counsel. Mordeno said they received the resolution of the 2nd Division of the Sandiganbayan, dated Nov. 22, 2021, on criminal case nos. SB-18-CRM-0114, 0134-0136, 0137, 0142, 0151, 0229, 0274, 0388, 0395, 0405, 0496-97, and 0145-50. "Ultimately, with the denial of our 'Motion for Leave of Court to file a Demurrer to Evidence', the time for us to present our evidence becomes certain. And when we do, the truth remains to be the strongest arsenal in our favor," he said. He added it would just be a matter of time for the anti-graft court to dismiss the criminal cases against Moreno and key officials of the Capitol when he was still governor. Mordeno said the facts and circumstances of the cases are the same as the administrative cases that were already overturned by the CA in July 2019. "We remain poised to exhaust all the legal remedies that are available for us to utilize," he said. "The OMB even failed to prove guilt based on a lighter requirement of proof, which is substantial evidence in the administrative aspect of this legal action, how much more for the criminal cases, which would require evidence of guilt beyond a reasonable doubt." The CA, in a 33-page decision signed by Associate Justices Victoria Isabel Paredes, Marlene Gonzales Sison, and Maria Elisa Sempio Diy, dismissed all the administrative cases related to the equipment rentals, saying the Ombudsman failed "to show convincing proof that Oscar Moreno, when he was governor of Misamis Oriental, did wrong in approving the rental of heavy equipment for road repairs." The court further chided the Ombudsman after it "acted with grave abuse of discretion in relying only on the audit findings as if the findings were conclusive." The CA added that the Ombudsman should have conducted its investigation. (PNA) }
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Misamis Oriental ,Philippines ,Cagayan ,Cebu ,Cancio Nicanor Guibone ,Dale Bryan Mordeno ,Isabel Paredes ,Oscar Moreno ,Antonio Nunez ,Marlene Gonzales Sison ,Maria Elisa Sempio Diy ,Rolando Pacuribot ,Division Of The Sandiganbayan ,Office Of The Ombudsman ,Motion For Leave Of Court ,City Mayor Oscar Moreno ,Republic Act ,Government Procurement Reform ,Cancio Nicanor ,Corrupt Practices Act ,Revised Penal ,Associate Justices Victoria Isabel Paredes ,Cagayan De Oro City Mayor Oscar Moreno File Photo Witha String Of Administrative Cases Dismissed By The Court Appeals Ca ,Ncumbent City Mayor Oscar Moreno And His Co Accused Remain Optimistic That They Could Hurdle The Same Charges Being Heard At Sandiganbayan Criminal Cases ,Iled In 2016 ,Temmed Froma Complaint Filed Against Moreno ,Ho Was Then The Governor Of Misamis Oriental When He Ordered Rental Heavy Equipment Amounting To About Php15 Million Between 2007 And 2012 Ina Statement Thursday ,Oreno Said He Is Planning On Makinga Comeback To The Province By Running In Gubernatorial Race 2022 Elections Accuser ,Ngineer Antonio Nunez ,Lleged That Moreno And Two Members Of The Provincial Bids Awards Committee Pbac Committed An Irregularity When They Approved Rental Heavy Equipment Through Negotiated Procurement Small Value Purchases ,Hich The Office Of Ombudsman Omb Said Wasa Violation Republic Act 9184 Or Government Procurement Reform Facing Charges With Moreno Are Former Pbac Members Rolando Pacuribot And Cancio Nicanor Guibone Have Been Charged 16 Counts Anti Graft Corrupt Practices Falsification Public Documents ,S Provided Under The Revised Penal Code Guibone ,Eanwhile ,As Moreno 39s Co Accused In One Of The Anti Graft Cases Court 2nd Division Issueda Resolution Denying Motion To Filea Demurrer Evidence On Mondaya Isa Dismiss Ground Insufficiency According Sandiganbayan ,T Isa Remedy Available To The Defendant ,O The Effect That Evidence Produced By Plaintiff Is Insufficient In Point Of Law ,Hether True Or Not ,O Makea Case Or Sustain An Issue 39 Not Unexpected Meanwhile ,Oreno 39s Legal Team Said The Mayor And His Co Defendants Are Ready To Present Evidence Prove Their Innocence On Cases In Sandiganbayan Quot This Recent Turn Of Events Is Not Unexpected It Isa Foreseeable Outcome Regular Ordinary Judicial Proceedings ,Hich Concomitantly Comes Witha Plethora Of Opportunities For Different Courses Legal Action ,Uot Said Lawyer Dale Bryan Mordeno ,He Mayor 39s Head Legal Counsel Mordeno Said They Received The Resolution Of 2nd Division Sandiganbayan ,Ated Nov 22 ,021 ,N Criminal Case Nos Sb 18 Crm 0114 ,134 0136 ,137 ,142 ,151 ,229 ,274 ,388 ,395 ,405 ,496 97 ,Nd 0145 50 Quot Ultimately ,Ith The Denial Of Our 39 Motion For Leave Court To Filea Demurrer Evidence ,He Time For Us To Present Our Evidence Becomes Certain And When We Do ,He Truth Remains To Be The Strongest Arsenal In Our Favor ,Uot He Said Added It Would Just Bea Matter Of Time For The Anti Graft Court To Dismiss Criminal Cases Against Moreno And Key Officials Capitol When Was Still Governor Mordeno Facts Circumstances Are Same As Administrative That Were Already Overturned By Ca In July 2019 Quot We Remain Poised Exhaust All Legal Remedies Available Us Utilize ,Uot He Said Quot The Omb Even Failed To Prove Guilt Based Ona Lighter Requirement Of Proof ,Hich Is Substantial Evidence In The Administrative Aspect Of This Legal Action ,Ow Much More For The Criminal Cases ,Hich Would Require Evidence Of Guilt Beyonda Reasonable Doubt Quot The Ca ,Na 33 Page Decision Signed By Associate Justices Victoria Isabel Paredes ,Nd Maria Elisa Sempio Diy ,Ismissed All The Administrative Cases Related To Equipment Rentals ,Aying The Ombudsman Failed Quot To Show Convincing Proof That Oscar Moreno ,Hen He Was Governor Of Misamis Oriental ,Id Wrong In Approving The Rental Of Heavy Equipment For Road Repairs Quot Court Further Chided Ombudsman After It Acted With Grave Abuse Discretion Relying Only On Audit Findings As If Were Conclusive Ca Added That Should Have Conducted Its Investigation Pna ,
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