The Court of Appeals (CA) has dismissed the administrative case against re-elected Cagayan de Oro City Mayor Oscar Moreno concerning alleged anomalous rental of heavy equipment in 2009.
The CA has issued a resolution which granted Moreno’s petition to dismiss the 2017 ruling of the Office of the Ombudsman which found him guilty of grave misconduct, serious dishonesty and conduct prejudicial to the best interest of service.
“The existence of conspiracy cannot be presumed, it must be proven through clear and convincing evidence,” read the CA resolution.
The CA resolution also reversed the penalties imposed by Ombudsman which ordered him dismissed and perpetually disqualified from holding public office.
The case concerns 2009 road repair work in Sitio Land in Sitio Lantad in Balingasag town when Moreno was still governor of Misamis Oriental.
The Ombudsman pointed out the rental of the heavy equipment for the project was done through negotiated procurement instead of undergoing the required public bidding.
However, the CA pointed out the Ombudsman committed grave abuse of discretion in ordering his dismissal since the negotiated procurement reached due to province’s need at that time.