Prosecution appeals Sandigan’s ‘erroneous’ acquittal of ex-CDO mayor

State prosecutors have appealed to the Sandiganbayan to reverse its "erroneous" acquittal of former Cagayan de Oro City Mayor Vicente Emano in his criminal case stemming from his alleged failure to reinstate a government employee in 2013.

"The prosecution respectfully submits that the honorable court erred in acquitting accused Emano in ruling that the prosecution failed to prove that accused did not willfully refuse to implement the decision of the CSC (Civil Service Commission)," the nine-page motion for reconsideration read.

The anti-graft court's First Division acquitted Emano for violation of the Revised Rules on Administrative Cases in the Civil Service in relation to the Administrative Code of 1987 due to the prosecution's failure to prove his guilt beyond reasonable doubt. 

Prosecutors had accused Emano of refusing to implement the final decision of the CSC ordering the reinstatement of the complainant, Leonor Esparcia, to her original position as Administrative Assistant III at the JR Borja General Hospital.

Esparcia, in her judicial affidavit, said she was assigned by Emano as security at the Cagayan de Oro City Library, which forced her to raise the issue before the CSC.

The CSC granted her appeal and ordered her immediate reinstatement to the general hospital. However, Esparcia was only reinstated during the term of incumbent Mayor Oscar Moreno.

Emano, in his testimony, said he raised the issue through a motion for reconsideration before the Court of Appeals, which ruled in favor of Esparcia.

Emano added that he did not reinstate the complainant because of the ongoing election ban for the 2013 midterm elections and without a writ of execution from the CSC.

Nonetheless, the Sandiganbayan said the prosecution failed to prove that Emano willfully refused the reinstatement of Esparcia despite his failure to implement the CSC order.

It said Emano delayed the order upon understanding that the CSC has yet to issue the writ and that any movement of personnel would mean his liability for an election offense.

However, the prosecution said the findings of the anti-graft court that there was no bad faith on the part of Emano by refusing to implement the CSC order was erroneous since Esparcia's reinstatement is not covered by the election ban under Section 261(h) of the Omnibus Election Code.

"The prosecution maintains that the order of reinstatement by the CSC is not included in the prohibition of movement during the election period. Considering that the order came from the CSC, accused would merely implement the CSC Decision and order her reinstatement," the motion read.

State prosecutors added that Emano should have at least sought for the approval of the Commission on Elections for Esparcia's reinstatement to ensure he was not committing an election offense.

"However, nothing in the evidence show that the willingly implemented the decision of the CSC," the prosecution said.

Furthermore, the prosecution refused to accept Emano's argument that he did not reinstate Esparcia to her position since he already lost the mayoralty race to Moreno, saying he did nothing on the CSC order while he was still in power.

The prosecution noted that Emano had the powers as city mayor until noon of June 30, but it was Moreno who returned Esparcia to her original position on July 2.

"From the foregoing facts, the prosecution proved accused Emano's guilt beyond reasonable doubt that he willfully refused or failed to implement a final decision, order or ruling of the CSC to the prejudice of public service and private complainant Esparcia," the prosecution said.  —KBK, GMA News