TRO on Binay suspension ‘moot and academic’ – Ombudsman
Ombudsman Conchita Carpio Morales defied yesterday the temporary restraining order( TRO) issued by the Court of Appeals (CA) that set aside the six-month preventive suspension she issued against Makati Mayor Jejomar Erwin “Junjun” Binay in connection with the alleged overpriced construction of the Makati City Hall Building II.
She described the TRO as “moot and academic” as the acting mayor has already been sworn in, temporarily replacing Binay.
The anti-graft czar said she found the “dispositive portion” of the CA resolution “silent” on what the TRO seeks to restrain. And to date, Morales said, her office has yet to receive a copy of Binay’s petition.
She, however, admitted seeing the other day a copy of the CA resolution granting Binay’s prayer for a TRO, “but the office has not yet received any TRO.”
Morales asserted that any TRO to be issued by the CA to restrain the implementation of the preventive suspension order has become moot and academic as “there is no more act to be restrained.”
In a manifestation filed yesterday with the CA, Morales stated that the “preventive suspension order on Binay Jr., et al., had been served and implemented by the Department of the Interior and Local Government (DILG) even before the promulgation of the CA resolution.”
In the DILG’s Compliance Report submitted by DILG-National Capital Region (NCR) Director Renato Brion to the Ombudsman, the DILG reported that on “16 March 2015, at around 8:30 in the morning, the preventive suspension order was served, and at 9:47 in the morning, Makati Vice Mayor Romulo V. Peña, Jr. was sworn into office and assumed the position as acting Makati City mayor.”
While Peña was a no show yesterday at the old city hall building where he was to hold office, he said that he is still the acting mayor of Makati City.
“I am still the acting mayor,” said Peña, citing the advice he received from the DILG.
Peña said he was instructed by the DILG “to go below the radar” until the issue on the leadership of Makati has been resolved.
As the Makati controversy remains unsolved, Malacañang stressed that the rule of law must prevail.
Presidential Communications Operations Secretary Herminio Coloma Jr. said the DILG intends to get the legal opinion of the Department of Justice ( DOJ) after the CA issued a 60- day TRO against the preventive suspension order against Binay.
The DILG had earlier claimed the TRO may no longer be applicable since the suspension order against Binay has already been served.
Asked if the Palace supports the DILG’s position to keep the six-month suspension order against the Makati City mayor, Coloma reiterated that the country’s laws must be enforced.
Meanwhile, Morales denounced the practice of suspended public officials of encouraging the massing of people who obstruct or hinder the proper exercise of the functions of the Ombudsman.