Sandigan acquits ex-CDO mayor in criminal case

The Sandiganbayan on Friday acquitted former Cagayan de Oro City Mayor Vicente Emano in his criminal case stemming from his alleged failure to reinstate a government employee in 2013.

In its 13-page decision, the anti-graft court's First Division found Emano not guilty 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.

"Considering that the prosecution failed to prove that the action of the accused was willful, this court finds the accused not guilty," the decision penned by division chair Associate Justice Efren Dela Cruz read.

Prosecutors had accused Emano of refusing to implement the final decision of the Civil Service Commission (CSC) ordering the reinstatement of Leonor Esparcia to her original position as Administrative Assistant III at the J.R. 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 later granted her appeal and ordered her immediate reinstatement to the general hospital. However, Esparcia was only reinstated during the term of incumbent CDO 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.

The Sandiganbayan 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.

"Indeed, the accused should have executed the subject decision as early as February 25, 2013 when he learned of the denial of his motion for reconsideration," the decision read.

"However, the lack of a writ of execution from the CSC and the fact that he has a pending appeal before the CA negate the impression that he willfully refused to implement the said decision," it added.

The Sandiganbayan also agreed with Emano's argument that the reinstatement of Esparcia "may indeed expose him to possible charges of election offenses."

The decision added that since Emano lost to Moreno in the elections, his capacity to move Esparcia back to her mother unit was also negated. —KBK, GMA News