21 Jun Emano Questions Moreno’s Eligibility to Hold Office and Asks Comelec to Recognize Him as Winning Mayoral Candidate
A petition was filed by former city mayor Vicente Emano questioning proclaimed Mayor Oscar Moreno’s eligibility to hold office and asking the Commission on Elections (Comelec) to recognize him as the winner in the May 9 mayoral race.
The said six-page petition was for quo warranto before the Comelec last May 20, just eight days after Moreno was recognized the winning mayoral candidate by the local board of canvassers. It requests a legal proceeding which challenges Moreno’s right to hold office as mayor.
It can be recalled that Moreno was found guilty by the Office of the Ombudsman in relation with the case which originated from the city hall’s controversial tax settlement with Ajinomoto Philippines last 2015, slapping him a penalty of perpetual disqualification from holding public office after he filed his certificate of candidacy.
Former Taglimao barangay chairman William Guialani who was Moreno’s accuser in the Ajinomoto case who also filed the same petition against the mayor which suggested that the mayor and city treasurer Glenn Bañez are guilty for grave misconduct.
However, Moreno was able to file a motion of reconsideration which argued that the decision of the ombudsman was made without his counter affidavit. While the ombudsman has yet to act on the appeal, Moreno has secured a temporary restraining order, then a writ of preliminary injunction opposed to the implementation of the ombudsman’s order.
“The fact of ineligibility as a ‘perpetually disqualified’ candidate means the respondent does not have the legal capacity to be elected, be proclaimed and to assume office,” argued by Emano. As can be read in Emano’s petition, “While the enforcement of the dismissal order was suspended because of the TRO, the status of the respondent’s status as candidate was not affected as he remains to be ineligible having been ‘perpetually disqualified’ from holding government office. The respondent is therefore not qualified to be elected or proclaimed to the office of City Mayor of Cagayan de Oro.”
Thus, Emano asked the Comelec to consider Moreno’s proclamation as mayor of Cagayan de Oro null and recognize him as the real winner instead. A part in his petition says, “It is prayed that the petition be granted and respondent Oscar Moreno be declared ineligible to be elected and to assume the position of City Mayor and his proclamation be revoked and the board of canvassers reconvene and proclaim the true winner.”