MANILA, Philippines - The temporary restraining order (TRO) issued by the Court of Appeals (CA) on the six-month suspension of Makati Mayor Jejomar Erwin “Junjun” Binay has reached the Supreme Court (SC).
Through the Office of the Solicitor General, Ombudsman Conchita Carpio-Morales on Wednesday filed a petition before the high court seeking to stop the implementation of the TRO on Binay’s suspension.
Morales contested the ruling of the appellate court after claiming earlier that the TRO has no legal basis.
In a special session yesterday, the SC deferred ruling on her plea for a TRO against the CA order.
SC spokesman Theodore Te said the justices decided to first seek comments from the CA and Binay before acting on the ombudsman’s petition.
Te said the high court required the respondents to answer the petition not later than April 6.
Morales, a retired SC magistrate, specifically asked the high court to enjoin the CA’s Sixth Division from hearing the twin petitions filed by Binay seeking nullification of his suspension and to cite the ombudsman and Interior Secretary Mar Roxas in contempt for defiance of the TRO.
She argued that the TRO on the preventive suspension order has undermined the ombudsman’s power under the Constitution and Republic Act 6770 or the Ombudsman Act of 1989.
Morales alleged that the TRO issued by the CA has delayed the resolution of the graft and administrative cases filed against Binay over the allegedly overpriced Makati City Hall building 2.
In assailing the contempt proceedings before the appellate court, the ombudsman stressed that she is an impeachable officer who may not be subjected to contempt proceedings.
Without the TRO from the high tribunal, the CA may proceed with its hearing on Binay’s petitions set on March 30 and 31.
Binay camp relieved
The camp of Binay said the ombudsman’s move to go to the high court only proves that the TRO issued by the CA is valid.
Claro Certeza, lawyer for Binay, said the TRO should be respected while the ombudsman’s petition is being heard by the high court.
“The TRO continues to be in effect until the SC says otherwise,” Certeza said.
‘No loyalty check’
Acting mayor Romulo “Kid” Peña held his first command conference with the Makati police at the old city hall building yesterday, but said it was not a loyalty check.
Southern Police District deputy director for administration Senior Superintendent Elmer Jamias presided over the command conference. Jamias heads the task force created by the National Capital Region Police Office to maintain peace and order at the city hall amid the standoff between Peña and Binay.
Present during the meeting were city police chief Senior Superintendent Ernesto Barlam and commanders of the Makati police substations.
Resolve standoff – Miriam
Sen. Miriam Defensor-Santiago urged the courts to resolve immediately the Makati mayoral row.
Santiago said the ombudsman and her co-respondents in the contempt case filed by Binay are not liable under the SC ruling.
“The issue has to be resolved by the courts as soon as possible. City hall employees are in a dilemma as to who they should follow between the two mayors,” she said in an interview. – With Mike Frialde, Christina Mendez