MANILA, Philippines - Suspended Makati Mayor Jejomar Erwin “Junjun” Binay Jr. was urged yesterday not to celebrate over his supposed victory in the Court of Appeals (CA), which has decided to proceed with the hearing of his case.
“There is no sense in gloating over the fact that the CA has refused to stop deliberations on the case filed by Mayor Binay against the ombudsman to freeze his preventive suspension,” Rep. Elpidio Barzaga Jr. of Dasmariñas City in Cavite said.
Barzaga said the appellate court proceeded with its hearing despite the plea of Assistant Solicitor General Hermes Ocampo, who informed the tribunal that the ombudsman has questioned before the Supreme Court (SC) the temporary restraining order issued by the CA on Binay’s suspension.
“The battle is not yet over. What the CA was saying in proceeding with the hearing was that since the SC has not restrained it, then it must continue with its work,” Barzaga said.
He pointed out that the appellate court “has not even ruled against the ombudsman with finality.”
Ombudsman Conchita Carpio-Morales has questioned the CA TRO, claiming it has no effect since the Department of the Interior and Local Government (DILG) had served its suspension order on Binay at the time it was issued.
She also protested Binay’s petition asking the CA to cite her in contempt, arguing that she cannot be punished or disciplined because she is an impeachable officer answerable only to Congress for her acts.
Because of the issues raised by Morales, Barzaga said he believes the high court would eventually intervene in the controversy surrounding Binay’s suspension.
“This case will have far-reaching implications on the powers of the ombudsman. It is very clear that Binay’s camp wants to clip the wings of Ombudsman Morales. That would be a loss on the campaign against graft,” Barzaga said.
De Lima: Contempt case mere harassment
Justice Secretary Leila de Lima branded as mere harassment the contempt case filed against her by Binay before the CA over her legal opinion on the TRO on his suspension.
“That’s really harassment. I do not understand why there is a need to cite us in contempt. The DILG only asked for my guidance because it was facing a situation where there are two people acting as mayors of Makati,” De Lima told reporters.
She earlier said that the CA TRO on Binay’s suspension was moot and academic.
“My opinion – as justice secretary – is never binding. It has what you call a persuasive effect, but does it bind the court? No, it does not. It depends if the court will agree with me,” she explained.
“But I cannot be muzzled. I cannot be restrained from rendering an opinion. That’s just a guidance,” she added.
De Lima denied violating the sub judice rule of court in publicly discussing her legal opinion as alleged by the lawyers of Binay during last Tuesday’s hearing at the CA.
She said she would comply with the CA order to file her comment on Binay’s contempt petition next week.
De Lima was not able to answer the contempt charge since she was not represented by a government counsel during the hearing.
Only the ombudsman and Interior Secretary Mar Roxas were able to comment on the petition.
The CA is expected to rule next week on Binay’s contempt petition and the issuance of a writ of preliminary injunction that would extend for an indefinite period the 60-day TRO on his suspension. – With Paolo Romero, Edu Punay