State prosecutors appealed to the Sandiganbayan to reverse its decision of acquitting former Cagayan de Oro City Mayor Vicente Emano regarding a criminal case that was filed against him after he was accused of refusing to reinstate Leonor Esparcia as Administrative Assistant III at J.R. Borja General Hospital in 2013.
In an article from GMA News Online, the Prosecution insisted, that the Sandiganbayan supposedly “erred” in its decision to acquit Emano because it was not able to provide enough proof that the former mayor did not actually mean to “wilfully refuse” the order of the Civil Service Commission (CSC) to reinstate Esparcia.
Esparcia, on the other hand, said that Emano assigned her to another position as security at the Cagayan de Oro City Library, prompting her to bring up her concern to the CSC, which in turn released the order of her reinstatement to the JR Borja Hospital.
However, the order was only implemented during the time of incumbent Mayor Oscar Moreno.
As a counter statement, Emano claimed that he was not able to implement such CSC ruling because of the election ban for the 2013 mid elections and the lack of a writ of execution from the CSC.
He added that if he had granted the reinstatement of Esparcia despite the lack of a writ of execution, we would have been liable for an election offense at that time.