CEBU City Councilor James Anthony Cuenco has asked the Office of the Ombudsman to reverse its decision dismissing him from public service.
In an 11-page supplemental motion for reconsideration, Cuenco’s lawyers reiterated that there is no sufficient evidence that Cuenco falsified documents in relation to the implementation of the Tony N’ Tommy (TNT) health program, which he oversaw when he was still chief of staff of his father former Cebu City South District representative Antonio Cuenco.
“Granting only for the sake of argument that there are falsified drug or medicine prescriptions used by patients, there is absolutely no proof that these prescriptions were falsified by respondent Cuenco,” read the document which was prepared by lawyers Floro Casas Jr. and Rey Gealon.
The supplemental motion for reconsideration was personally submitted to the Office of the Ombudsman-Visayas by Cuenco’s lawyers yesterday morning.
Cuenco earlier said that he has already filed a first motion for reconsideration (MR) via registered mail last month when his lawyers first received the Ombudsman decision. But apparently, he said the MR was not received by the Ombudsman yet.
“The original MR was not yet received by them because it was sent through registered mail. But in spite of not yet receiving the MR, they already implemented the decision,” Cuenco told Cebu Daily News.
Last Tuesday afternoon, the Department of Interior and Local Government (DILG) served the dismissal order against Cuenco. It was based on an Ombudsman decision finding him and another former staff member of representative Cuenco’s office Manuel Tipgos guilty of serious dishonesty and grave misconduct for alleged irregularities in the implementation of the TNT program which was funded by the Priority Development Assistance Fund (PDAF) of former rep. Cuenco in 2002.
On the other hand, Cuenco said his lawyers are yet to submit his petition for review on certiorari with a request for an injunction and temporary restraining order (TRO) before the Court of Appeals.
He said his lawyers will be filing the petition personally on Monday in Manila so they can make sure that the case is immediately raffled.
Not involved
In their supplemental MR, Cuenco’s lawyers pointed out that he is not the project director of the TNT program but was merely a designated signatory for the referral slips.
They said he had no hand in the actual implementation and day-to-day operation of the project.
“Thus, it is the height of injustice to blame respondent Cuenco of the alleged non-observance of the procedure in implementing the TNT project,” they said.
Based on the memorandum of agreement signed by former rep. Cuenco with the Vicente Sotto Memorial Medical Center (VSMMC), it is the hospital’s responsibility to verify the patients and validate the documents for the program.
Even if Cuenco is administratively liable, his lawyers also said that his liability is deemed condoned and extinguished upon his election as city councilor in 2013 and his reelection in 2016.
They also cited the Ombudsman’s separate decision on the criminal aspect of the same case wherein they said there is not enough proof of Cuenco’s participation in falsifying the prescriptions, which was why the estafa through falsifying documents allegation in the criminal complaint was dismissed.
Felt cheated
Meanwhile, Cebu City Mayor Tomas Osmeña said he felt he was cheated when his name was dragged in the P3.3-million medicine assistance program named Tony N’ Tommy (TNT) which involves Councilor James Anthony Cuenco.
Osmeña admitted during a press briefing on Friday that he is the author of the name of the program, however, he clarified that he has nothing to do with its implementation.
Osmeña said former South District representative Antonio Cuenco told him about the program and he was the one who came up with the name “Tony N’ Tommy.