Junjun asks CA to issue another TRO

OFFICES at the Court of Appeals (CA) closed yesterday without issuing a temporary restraining order (TRO) on the second suspension order the Office of the Ombudsman issued against Makati Mayor Junjun Binay.

Binay’s petition for certiorari, which came with an “extremely urgent” prayer for a TRO on his six-month suspension, was raffled off in the morning to the Tenth Division, chaired by Associate Justice Celia Librea-Leagogo, with Associate Justices Amy Lazaro Javier and Melchor Sadang as members.

It was the second certiorari plea that the Binay camp filed in the CA. The first was in March to challenge the Ombudsman’s first suspension order against the mayor. This is still pending in the Sixth Division.

The Sixth Division had earlier issued a TRO and, later, an indefinite writ of preliminary injunction putting on hold Binay’s suspension pending deliberations on the certiorari plea. The Ombudsman has a pending petition in the Supreme Court challenging the CA proceedings.

In his newest petition, Binay asked the CA to junk Ombuds- man Conchita Carpio Morales’ suspension order, this time issued for his alleged participation in the conspiracy to rig the bidding for the construction of the 10-story Makati Science High School (MSHS) building to purportedly favor a preselected bidder.

The petition, filed yesterday morning, accused Morales of grave abuse of discretion in issuing the order in spite of insufficient evidence proving Binay’s role in the alleged anomaly.

“Clearly, the Ombudsman whimsically and capriciously disregarded and violated the foregoing established laws and jurisprudence,” said the 35page petition.

“Accordingly, with due respect, petitioner seeks the court’s protection from the Ombudsman’s otherwise illegal and unfounded “preventive suspension order,” which will deprive the Makati City electorate of the services of the person they have conscientiously chosen and voted into office,” it said.

The petition sought an immediate TRO to preserve the status quo prior to the issuance of a suspension order “for the petitioner to continue the discharge of his official functions.”