‘CA order on Junjun’s dismissal expected’

MANILA, Philippines – The Court of Appeals (CA) decision on the petition of Makati Mayor Jejomar Erwin “Junjun” Binay Jr. on the second suspension order is expected as the Office of the Ombudsman has already robbed him of his right to due process, a spokesperson from his camp said yesterday.

Joey Salgado said the order of Ombudsman Conchita Carpio-Morales that dismissed the mayor over the allegedly anomalous city hall parking building was meant to pre-empt the appeal filed before the CA.

“The mayor’s lawyers had anticipated the decision of the CA, as this would be the consequence of the Ombudsman’s irregular and illegal order dismissing Mayor Binay,” he said.

“The Office of the Ombudsman ignored the mayor’s constitutional right to due process. He was not informed of the nature of the allegations, and he is even being held liable for acts committed before he was elected mayor,” he added.

On Friday, the CA’s special Ninth Division promulgated a three-page resolution that junked the petition of Binay questioning his second suspension over the alleged anomalies in the Makati Science High School Building.

The CA explained that although Binay’s second preventive suspension has not prescribed, it has been deemed overtaken, if not superseded, by the order of dismissal by the ombudsman.

In his second petition, Binay asked the CA to issue a temporary restraining order (TRO) on his preventive suspension.

The appellate court earlier issued a TRO stopping the ombudsman’s first suspension order against Binay in connection with the alleged anomaly in the construction of the city hall parking building.

Salgado stressed that there is no factual basis or evidence of conspiracy that could warrant the dismissal of Binay from service.

He said the mayor had already filed a motion for reconsideration before the ombudsman, noting that the ombudsman’s special panel of investigators charged him even if he did not participate in the bidding process.

Binay said the special panel held him accountable for acts committed in 2007 when he was not yet the mayor.