CA dismisses Junjun Binay’s petition vs 2nd suspension order

The Court of Appeals (CA) dismissed yesterday “on ground of mootness” the petition of dismissed Makati City Mayor Jejomar Erwin “Junjun” Binay, who challenged his second preventive suspension ordered by the Office of the Ombudsman (OMB).

In a resolution, the CA said that while Binay’s second preventive suspension has not prescribed, it has been deemed “overtaken, if not superseded, by the order of dismissal by Ombudsman (Conchita) CarpioMorales.”

Earlier, Ombudsman Morales had ordered Binay’s dismissal as Makati City mayor with perpetual disqualification from holding public office in connection with six complaints in the construction of the Makati car park building.

Binay’s second preventive suspension arose from an administrative case over alleged irregularities in the construction of the Makati Science High School Building (MSHSB). He had relinquished his post to comply with the suspension order. Vice Mayor Romulo Peña has been installed acting city mayor.

Then came Ombudsman Morales order dismissing Binay as mayor.

“This court takes judicial notice of the foregoing issuance which became the subject of extensive coverage in both print and broadcast media. In light of this supervening event, we opined that whatever relief we grant to petitioner in this case whether we will restrain, enjoin or nullify his preventive suspension, the same will no longer serve any practical value,” the CA said.

“Petitioner, having been dismissed from his post as Makati Mayor, will not be able to take it back regardless of how we resolve the validity of his preventive suspension in the present case,” it stressed.

“Accordingly, the petition is dismissed on ground of mootness,” the CA ruled.

Earlier, the CA had stopped the OMB and the Department of the Interior and Local Government (DILG) from implementing Mayor Binay’s first suspension order in connection with the alleged irregularities in the City Hall Building II.

The CA’s TRO and WPI on the first suspension order had been elevated by Morales to the Supreme Court (SC), where the case is still pending resolution.

In his petition on the second suspension order, Mayor Binay also invoked the doctrine of condonation because the acts complained of were reportedly committed when he was not yet the city executive.

“Undeniably, petitioner cannot be held accountable for any alleged anomaly involving Phases I, II, and III of the project as he was not yet the elected mayor,” he said in his petition.