Mercado filed a 34-page petition on behalf of the suspended Makati City officials led by Mayor Jejomar Binay and all 16 city councilors.
Mercado, through his lawyer Emmanuel Tamase, asked the CA to require former vice mayor Roberto Brillante to produce a bill of particulars detailing his complaint, which was the basis of their suspension.
Brillante filed a complaint with the DILG alleging that Binay and the respondent city officials kept "ghost" or non-existent employees on the local government payroll.
Binay, who had been anticipating the service of the suspension order since last week, filed a petition asking the CA for a temporary restraining order (TRO) in an effort to stave off his suspension.
Mercado also filed a separate petition, a day after the suspension order was served on them by DILG Undersecretary Wencelito Andanar.
Mercado pointed out Brillante’s complaint was based on a supposed list of non-existent employees on the city government’s payroll.
He said mere allegations "could not conceivably prove even preliminary administrative wrongdoing."
Mercado said the suspension order against them was done in a "indecently hasty" manner.
In the petition, Mercado pointed out Executive Secretary Eduardo Ermita, representing the Office of the President that reviewed the complaint, violated their constitutional right on due process when he ignored Binay’s pleas for a bill of particulars.
He added Interior Secretary Ronaldo Puno, by implementing the 60-day suspension order, committed abuse of authority.
Mercado maintained that the evidence against them is weak, which cannot be made as basis for the suspension.
The CA’s 13th Division is still deliberating on the petition filed by Binay seeking a TRO on the suspension order.
Binay had asked the CA to require Ermita to produce the bill of particulars to enable him to give an "intelligent answer to the complaint."
He had earlier warned that Malacañang is bent on suspending him, following the fate of suspended Mayor Wenceslao "Pewee" Trinidad and the rest of the Pasay City officials.
He claimed the spate of suspension of local officials critical of the administration is an effort to weaken the opposition in next year’s midterm elections.
Binay promised to post a bond in any amount, which would be stipulated by the CA over his suspension.
He stressed his request for a bill of particulars over the complaint is proper and urgent.
In his complaint, Brillante claimed receiving some envelopes from "concerned employees" supposedly containing names of alleged "ghost employees" under the payroll of Binay.
Brillante counted there are a total of 1,235 names in the supposed payroll.
While he did not specify any names, the former vice mayor said some of them turned out to be fictitious, after checking them out from the official roster of city employees belonging to the Office of the Mayor, Office of the Vice Mayor and the offices of each of the 16 councilors.
But there are records indicating these people are collecting their salaries from the city government, he said.
Brillante said he was prompted to file an administrative complaint before the DILG against Binay and the 17 city officials "in a grand conspiracy to defraud the city government of Makati."