In a ruling dated June 22, 2016, the Court of Appeals (CA) ruled adversely on Vice Mayor Caesar Ian Acenas' Motion to Leave to Intervene on the petitions for Certiorary filed by Moreno and Banez on the dismissal decision of the Ombudsman over the Ajinomoto case.
Associate Justice Edgardo A. Camello laid down in clear terms that as long as Moreno exhausts all legal remedies to his dismissal, there is no vacancy to speak of. Not even a dismissal by the Ombudsman of his motion for reconsideration.
"It is true that the Ombudsman's Decision has called for immediate execution of petitioner Morenos's dismissal order, but while the dismissal order was made executory, it was NEVER FINAL. Appeal is even available to petitioner Moreno," Camello wrote.
Moreno's chief legal counsel Dale Bryan Mordeno said Moreno is definitely appealing his case in the CA and up to the Supreme Court if necessary.
"In fine, it is inevitable to conclude that since there was no vacancy to speak of in the Office of the City Mayor of Cagayan de Oro, the intervenor has no right to the mayoral office. He has no right or interest to protect to entitle him to intervene in these consolidated cases," Camello said in the disposition portion of 15-page resolution.
"For these reasons, Motion for Leave to Intervene is DENIED. All pleading filed by Intervenor Caesar Ian Enerio-Acenas are ordered EXPUNGED from the records.
Moreno's camp laughed off Acenas assumption as mayor and Candy Darimbang as vice mayor, even as his lawyers said they will sue the two officials for usurpation of authority and criminal contempt of court.
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