After 2 hours, Junjun Binay ‘back’ as Makati mayor

Katerina Francisco

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After 2 hours, Junjun Binay ‘back’ as Makati mayor

EPA

The vice mayor's oath-taking as acting mayor was void, says Binay's lawyer. 'Sana naiwasan ito kung naghintay lang sila (DILG) nang ilang sandali.'

MANILA, Philippines – For the first time in many years, Makati City did not have a Binay at its helm. That was just for two hours.

Served a suspension order past 8 am, and with his vice mayor sworn in as acting mayor around 10 am, Jejomar Erwin Binay Jr was “back” at the top post by lunch time Monday, March 16.

Binay got the temporary restraining order (TRO) he sought from the Court of Appeals (CA), effectively stopping the suspension order earlier issued by the Ombudsman against him.

The TRO will be in effect for 60 days while arguments on the legality of the 6-month preventive suspension order is being heard. Hearings will be held March 30 and 31.

The order stemmed from a complaint over allegations of irregularities in a contract related to the construction of a Makati city building.

A visibly relieved Binay held a press conference past 1 pm to thank the court for granting his petition.

He also thanked his supporters, who had kept vigil on the city hall premises for days.

The first order of business, Binay said, was to get the city running back to normal. Transactions and offices in the city hall had been affected since the Ombudsman issued the suspension order last Wednesday.

Disgruntled employees complained about missing work because police had barred entry into the city hall several hours before the DILG arrived with Binay’s suspension order Monday morning.

Mahalaga po ngayon na ang una naming gagawin, kami ay manunumbalik na sa pagtatrabaho para maging normal na ang daloy dito sa aming lungsod. Ito ay utang namin sa mga taong nagtiwala sa amin,” Binay said.

(It’s important that our first order of business is to get back to work. We owe this much to those who trusted us.)

Binay also said he will meet with members of the city council and department heads.

The Makati mayor however evaded answering directly when asked if he will also meet with Vice Mayor Romulo Peña.

Binay spokesman Joey Salgado earlier said Peña’s swearing-in was based on an order they considered void and unlawful.

“I said I’ll be meeting with my councilors. He (Peña) is part of the council…. I set the tone on what to do,” Binay said.

Asked about the vice mayor’s oath-taking, Binay first reiterated their stand on the validity of the Ombudsman’s ruling, before dismissing the question and saying that he prefers not to talk about past issues.

Kami naninindigan na hindi legal ang kautusan and with the TRO…. Hindi na po importante ito, ang mahalaga ngayon mag-trabaho na tayo. With the TRO, ito ay mga bagay na ayaw na namin pag-aksayan ng oras,” he said.

(We maintain that the suspension order was not legal, and with the TRO…. This is not important anymore. What’s important is we go back to work. With the TRO, we don’t want to waste any more time on this issue.)

Binay added: “Ako po ay tumatayo sa inyo not to deal with past issues, but more to give a statement that we want to work for the people. Tama na po politika, sawang-sawa na mga tao.”

(I stand before you not to deal with past issues, but to give a statement that we want to work for the people. Let’s stop politicking, people are tired of that.)

Binay’s legal counsel Claro Certeza said the vice mayor’s hours-long stint as the city’s leader had no basis because of the mayor’s pending petition before the appellate court.

Peña was sworn in as acting mayor just before 10 am. Despite this, Binay’s camp maintained that they consider the Ombudsman’s suspension order, and subsequently Peña’s oath-taking, as void.

Certeza said this could have been avoided if the DILG didn’t rush to enforce the suspension order. The mayor’s camp earlier appealed to the DILG to wait for the CA ruling before acting on the order.

Itinuloy nila despite our request. Sabi ko nga sana huwag padalus-dalos dahil alam naman ng lahat na nakahain na ang usapin sa Court of Appeals.”

(They went through with it despite our request. I had expressed hope that this won’t be rushed because everyone knows about our pending petition with the Court of Appeals.)

Ngayon minamadali nila, pinag-oath nila si vice mayor, ngayon nagkaroon naman ng restraining order. Sana naiwasan ito kung naghintay lang sila nang ilang sandali at nakinig sila sa request namin na p’wede ba hintayin natin ang resolution,” Certeza said.

(Now they rushed it, they had sworn in the vice mayor, and now there’s a restraining order. All of this could have been avoided if they just listened to our request to wait for the resolution.)

With the issuance of the TRO, Certeza said this indicated that the court found merit in the petition they filed assailing the suspension order issued by the Ombudsman last week.

In their petition, the mayor accused the Ombudsman of abusing its discretion and “undue haste” in issuing the suspension order.

Binay camp’s arguments

In its resolution, the CA resolved to grant the TRO sought by the Binay camp “in view of the seriousness of the issues raised in the Petition for Certiorari and the possible repercussions on the electorate who will unquestionably be affected by suspension of their elective official.” 

Certeza said the mayor’s camp will invoke the “Aguinaldo doctrine,” which renders moot administrative cases of re-elected officials during their previous term.  

Binay’s legal counsel noted that the subject of the complaint, the allegedly overpriced Makati City Hall Building II, was built in 5 phases. Only the last 3 phases occurred during the first term of Junjun Binay.

But based on the Aguinaldo doctrine, acts allegedly committed during an official’s first term will be rendered moot once the official is re-elected.

Certeza also said that they will raise the argument that the mayor’s suspension deprives the electorate of the services of the person they voted into office. 

“Mayor [Binay] won overwhelmingly, tapos porke’t may kaso na base sa sabi-sabi ng kung sino, ang electorate nade-deprive ng karapatan na maghalal ng taong gusto nilang manilbihan,” Certeza said.

(The mayor won overwhelmingly, but just because of the say-so of some people, the electorate has been deprived of the right to elect the person they want to serve them.)

This was also one of the basis of the CA’s issuance of the TRO, he added.

Sabi nga nila hindi basta-basta itong suspension dapat binibigay. Kaya sabi ng CA, dapat dinigin natin ang kaso, tingnan natin kung may basehan talaga. Dahil kung magkamali tayo, at i-allow natin ang suspension, nawawala naman ng representasyon ang mga taong naghalal sa kanya,” Certeza said.

(They said that the suspension should not be granted hastily. The CA said, the case should be heard, to see if it has merit. Because if they err and allow the suspension, the people will have lost their elected representative.) – Rappler.com

 

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