Mayor Binay asks CA to resolve bid for TRO vs suspension
MANILA, Philippines – Makati City Mayor Jejomar Erwin "Junjun" Binay Jr asked the Court of Appeals (CA) to rule on his plea to stop a second suspension order as Ombudsman Conchita Carpio-Morales and the Department of the Interior and Local Government (DILG) failed to give their comments on his petition.
According to Binay's manifestation dated Thursday, July 23, Morales and the DILG did not inform the CA if they had received its June 30 decision ordering them to submit their comments within 10 days.
On June 29, Binay asked the appelate court to issue a temporary restraining order (TRO) on the 6-month preventive suspension imposed on him and 14 other officials over the allegedly overpriced Makati Science High School building.
The suspended mayor questioned the Ombudsman's basis for ordering his preventive suspension, saying it was premised only on hearsay evidence.
In his latest appeal to the CA, Binay said that it had been 23 days since the court asked for comments from Morales and the DILG, implying that they had lost their chance to reply to his petition for a TRO.
"In view of the foregoing and the urgency of the matter, it is respectfully prayed for the Honorable Court to resolve the question on the issuance of the Temporary Restraining Order and/or Writ of Preliminary Injunction," added the mayor of Makati through the manifestation filed by his lawyer, Claro Certeza.
The Ombudsman first ordered Binay's suspension in March over an allegedly anomalous contract for a Makati City hall building. Binay, however, was able to obtain a TRO and a preliminary injunction soon after, stopping his suspension.
Three months later, the Ombudsman issued a second preventive suspension order, this time over an allegedly overpriced public science high school in Makati.