CA stops Junjun suspension

MANILA, Philippines - After days of holing up at the city hall with hundreds of supporters in the wake of a suspension order from the Office of the Ombudsman, Makati Mayor Erwin Jejomar “Junjun” Binay got a reprieve yesterday from the Court of Appeals (CA), which granted his request for a temporary restraining order (TRO) on his suspension.

The TRO – effective for 60 days – came just hours after representatives from the Department of the Interior and Local Government (DILG) posted the ombudsman’s six-month suspension order on a wall near the city hall main entrance after failing to personally serve it to Binay in his office on the 21st floor.

A few blocks away at the old town hall turned museum in Barangay Poblacion, Vice Mayor Romulo Peña took his oath before the DILG as acting mayor.

The five-page resolution on the TRO issuance was signed by Associate Justices Jose Reyes Jr., Francisco Acosta and Eduardo Peralta Jr. of the sixth division.

The CA cited as basis for the TRO “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.”

Binay was ordered suspended over alleged irregularities in the construction of the Makati City Hall parking building.

In the same ruling, the court also ordered Ombudsman Conchita Carpio-Morales to explain the suspension order within 10 days. The ombudsman issued the order last Wednesday.

The CA likewise set hearings on Binay’s application for issuance of writ of preliminary injunction for March 30 and 31 at 2 p.m.

Binay, the only son of Vice President Jejomar Binay, alleged that the anti-graft office committed grave abuse of discretion and violated his rights when it “whimsically and capriciously” disregarded “established laws and jurisprudence.”

Petitioner stressed his signature would not suffice as proof of his alleged involvement in the questionable project, citing a 1995 Supreme Court ruling in Sabiniano vs. CA which stated that a mere signature or approval appearing on a voucher is not enough to sustain a finding of conspiracy among public officials and employees.

The malversation of public funds, graft and falsification charges were filed in July 2014 by lawyer Renato Bondal, who claimed that the construction of the building was overpriced by P862 million. The complaint cited as proof Binay’s signatures on a disbursement voucher and on the award and purchase/contract for the project.

Binay insisted that conspiracy cannot be presumed, adding there was no evidence showing the mayor had any prior knowledge of any irregularity to be committed or that he had intentionally participated in a conspiracy to defraud the Makati City government.

Mayor Binay said his suspension violated Republic Act No. 6770 (Ombudsman Act), which requires that evidence of guilt must be strong before a preventive suspension order can be issued.

He said that the ombudsman’s order “miserably failed” to show that the evidence of guilt against him was strong in patent violation of Section 24 of Republic Act 6770 and Administrative Order No. 07 (Rules of Procedure of the Office of the Ombudsman).”

He said the ombudsman cited no specific act of his that can be used as basis for declaring him liable for grave misconduct, serious dishonesty or of conduct prejudicial to the best interest of the service.

Binay also pointed out that the alleged anomalies were committed in the first and second phases of the project when he was not yet mayor of the city. The third and fourth phases were then undertaken during his previous term from 2010 to 2013.

“The issuance of the order of preventive suspension necessarily violated petitioner’s rights since it seeks to suspend him for allegations, which assuming without conceding to be true can no longer hold him administratively liable considering the doctrines laid down in the case of Aguinaldo v. Santos,” Binay argued.

In the Aguinaldo case, the high court ruled that a public official reelected cannot be removed for an administrative misconduct committed in his previous term as his reelection can be considered a “condonation” of his wrongdoing by the people.

Back to work

With the issuance of the TRO, Binay said it’s back to work at the city hall.

“I extend my heartfelt thanks to the thousands of residents whose unwavering support has been our source of strength and courage all this time. To show our gratitude, we in the city government will immediately get back to our duties and resume our normal operations and services for the benefit of the people of Makati,” Binay said.

“The TRO restrains the implementation of the order of suspension by the ombudsman. So legally, he remains the mayor,” his lawyer, Claro Certeza, said.

Binay earlier yesterday lashed out at Interior and Local Government Secretary Manuel Roxas II for allegedly using the PNP and the SAF for “selfish political ends.”

“We understand and sympathize with the members of the PNP and the SAF. They are being used as pawns in political maneuverings. We know full well that DILG Sec. Mar Roxas is behind these moves,” Binay said.

“We are questioning a suspension order that has no basis and is not consistent with the law,” he said.

“Sec. Roxas claims they are just doing their job. We do understand this. But we also know of many instances when the DILG allowed the entire legal process due course on cases involving partymates in the Liberal Party,” Binay added.

His father, through spokesman for political affairs Rico Quicho, thanked the CA “for adhering to the rule of law.”

Quicho said the Vice President remained focused on his work while his son was under suspension.

“The mayor will immediately start working to bring back services for the people of Makati,” said United Nationalist Alliance (UNA) interim president and Navotas City Rep. Toby Tiangco.

Earlier yesterday, a team from the DILG – escorted by Southern Police District policemen – and led by National Capital Region Director Renato Brion, arrived at the city hall at 8:20 a.m. to serve the suspension order on Binay.

Since the gates of the city hall were closed, Brion and his team posted the order on the main entrance of the city hall then surrounded by hundreds of Binay supporters and kibitzers. The crowds shouted “Binay, Binay.”

National Capital Region Police Office chief Director Carmelo Valmoria said some 2,000 police officers were deployed at the city hall grounds “to assist” the DILG men in enforcing the ombudsman’s order.

Also on hand to assist the SPD policemen were members of the Special Action Force.

Valmoria denied an allegaion by Binay’s sister Sen. Nancy Binay that the police presence at the city hall premises was an “overkill.”

“There was no overkill in our deployment of policemen as the service of the ombudsman’s order was generally peaceful,” he said.

Nothing to restrain

For the DILG, Binay’s staying in office on the strength of the TRO was contestible because Peña’s oathtaking at 8:24 a.m. came ahead of the DILG’s receipt of the CA order at 3:09 pm.

“We note in the dispositive portion that the Court granted petitioners’ prayer for a temporary restraining order,” the DILG said in a statement.

“As can be seen from the foregoing, the order of the ombudsman has already been carried out; hence, there is nothing to restrain. In fact Vice Mayor Romulo Peña already took his oath at 9:47 a.m,” it said.

“In view of these conflicting orders, we will refer this matter to (Justice) Secretary of Justice Leila de Lima for her opinion,” the DILG said.

“We continue to assure the public that our primary concerns are upholding the law, the continued delivery of services to the people of Makati, and preserving peace and order,” the statement read.

At the old town hall in Barangay Poblacion, Peña took his oath before the DILG as acting mayor.

Peña is a member of the ruling Liberal Party and a former political ally of Binay.

He said Binay remains a friend even as he vowed to “clean up” city hall and cooperate in the investigation into irregularities involving the mayor.

In his message, Peña appealed to Binay to let the law take its course. He said he was just upholding the law to keep things in order and protect the interest of the people.

Peña also appealed to Binay’s supporters gathered around the city hall to disperse and let authorities peacefully serve the suspension order to the mayor.

Peña said his camp was trying to reach Binay to talk about possible changes in the city hall for the next six months.

He also brushed aside concerns that the city council – dominated by Binay’s political allies – and city hall employees would not cooperate with him.

“The city council is an independent body and I believe the councilors respect the law. The same is true with employees who, I believe, respect those in position,” he said in Filipino. He said he would arrange a meeting with department heads.

As acting mayor, he said he wanted to prioritize spending more for the needs of the city’s students and senior citizens, and for the city-run Ospital ng Makati. Peña said he would cut down on funding assistance to Makati’s sister-cities across the country.

Peña also said there would be no major shakeup within the ranks of city hall officials.

For Sen. Antonio Trillanes IV, the family of Binay can seek all the legal remedies they can to keep themselves in power, but at the end of the day, they would still have to face judgment.

He said the Binays can’t get away for long with excuses that the charges against them were politically motivated.

“For me, if you are corrupt then you must face the consequences. That is the entire point here,” Trillanes said.

He said while the mayor was the only one among the Binays ordered suspended in connection with the questionable building project, the Vice President is very much involved in the alleged anomaly.

“Make no mistake, he is involved here,” Trillanes said. – With Helen Flores, Non Alquitran, Jun Elias, Cecille Suerte Felipe, Marvin Sy