MANILA, Philippines - Makati Mayor Jejomar Erwin “Junjun” Binay Jr. yesterday asked the Court of Appeals (CA) to cite Ombudsman Conchita Carpio-Morales and Justice Secretary Leila de Lima in contempt for allegedly defying the court’s order stopping his preventive suspension.
In an amended petition, the embattled son of Vice President Jejomar Binay accused Morales and De Lima of colluding with Interior Secretary Manuel Roxas II and Vice Mayor Romulo Peña in preventing the implementation of the 60-day temporary restraining order (TRO) he secured from the CA’s Sixth Division.
Mayor Binay’s camp alleged that De Lima, Roxas, Morales and Peña acted in unison in defying the Court of Appeals’ restraining order and also showed their ill motives and biases against the Binays.
“Worse, their actions insult the integrity of the Court of Appeals. Thus, they should be cited for contempt of court,” his lawyers stressed.
Binay has included Morales and De Lima in the contempt petition after they issued identical opinions that the TRO was moot and academic since it was issued three hours after the suspension was served and Peña took his oath as acting mayor.
The two officials – both appointees of President Aquino – said the TRO was “moot and academic” since the act it intended to restrain was the implementation of the six-month suspension order against the mayor, which was carried out by the Department of the Interior and Local Government (DILG) three hours before the CA issued the order.
Roxas and Peña used the legal opinion of Morales and De Lima as basis for insisting on the effectivity of the suspension order against Binay.
When sought for reaction, De Lima downplayed the contempt charge.
“Any such charge for indirect contempt in the context of this case will sound hollow considering that there can be no basis for contempt if the TRO was, by its very nature, rendered ineffective and moot and academic due to two supervening events, namely, the service of the suspension order and the oath taking of the acting mayor,” she told reporters in a text message.
“Where is the contumacious act here?” she asked.