CAGAYAN DE ORO CITY: Criminal complaints for usurpation of authority and dereliction of duty were filed against Mayor Oscar Moreno and Vice Mayor Rainer Uy, respectively, in connection with an unimplemented dismissal order issued by the Ombudsman against the mayor.
Lawyer Rico Pajo is the complainant in the criminal case against Uy while Ben Contreras, a columnist for a local newspaper, filed the separate complaint against Moreno before the Office of the Ombudsman.
William Guialani, former chairman of Barangay Tignapolo-an, filed an administrative complaint against Moreno and Uy with the Department of the Interior and Local Government (DILG).
The cases were an offshoot of the Ombudsman’s dismissal order against Moreno that the DILG served on February 5 in connection with the graft charges he is facing.
The DILG also ordered Uy to immediately replace Moreno and exercise the position of the city mayor.
From February 5 to 6, the city mayoral post was left vacant, but Moreno continued to hold office at City Hall until his camp obtained a resolution from the Court of Appeals in Cagayan de Oro City approving their motion to consolidate the decided anti-graft cases against Moreno.
In filing the case, Pajo told the Ombudsman that Uy did not fill the vacated post as mandated by the law on succession as provided under the Local Government Code of the Philippines.
Dereliction of duty is a willful or failure to perform a lawful duty after the DILG installed Uy as the mayor of Cagayan de Oro, according to Pajo.
On the other hand, Contreras said Moreno is guilty of usurpation of authority when he continued to hold office when the DILG already issued a statement recognizing Uy as the city mayor after serving the dismissal order.
Moreno’s lawyer Dale Mordeno has argued that approval of a motion for consolidation of cases against Moreno also carries approval of a temporary restraining order, which was filed together with the petition.