The Sandiganbayan has acquitted former Cagayan de Oro City Mayor Vicente Y. Emano of his criminal liability case for not implementing the final decision of the Civil Service Commission (CSC) to reinstate a city hall employee in 2013.
The case stemmed after then City Mayor Emano failed to reinstate Leonor P. Esparcia to her original position as Administrative Assistant III (Senior Bookkeeper) based on a decision by the CSC in 2013. Read the first page of the decision below.
In a 13-page decision promulgated early today, October 13, 2017, the First Division ruled that the prosecution was unable to prove Emano’s guilt beyond reasonable doubt.
The decision penned by Associate Justice Efren N. De La Cruz and concurred by Associate Justices Geraldine Faith A. Econg and Edgardo M. Caldona, stated that “the prosecution has failed to establish that the accused should be held criminally liable.”
The court further stated “It is not disputed that when the accused received the CSC Resolution affirming its decision to reinstate Esparcia, it was already within the period of the election ban which prohibits the transfer or movement of government personnel. While it was not clarified at that time whether or not Esparcia’s reinstatement was indeed covered by the election ban, the uncertainty and apprehension displayed by the accused in implementing the decision was valid and did not reek of bad faith.”
The Sandiganbayan also stated “It is also noteworthy that the accused, as a matter of good faith, issued a standing order directing the Hospital Chief of the J.R. Borja General Hospital to allow Esparcia to return to her mother unit.”
Read pages 11-12 of the decision below.
Download the full decision HERE.
Photo below shows former CDO Mayor Emano outside the courtroom.