Binay camp to sue 'acting mayor' for usurpation of authority

MANILA, Philippines - The lawyers of Makati Mayor Jejomar Erwin Binay on Friday threatened to slap Vice Mayor Roulo “Kid” Peña with charges of usurpation of authority for issuing a memorandum to all city councilors, department heads, and division chiefs informing them that he will be discharging his functions as acting mayor.

“If he signs it as acting mayor it will be illegal. It will be in violation of the court order,” Patricia Alvarez, one of Binay’s lawyers said. Peña issued the memorandum on Friday.

The Court of Appeals had issued a 60-day temporary restraining order (TRO) on the Office of the Ombudsman's six-month preventive suspension order against Binay.

Alvarez said the ruling of the appellate court must be respected and that the acts of the Department of the Interior and Local Government (DILG) and Peña are an “insult” to the court.

“If the vice mayor does not comply or if the persons enjoined under the CA resolution do not comply with that order, then they will be liable for contempt,” Alvarez said.

Alvarez also clarified reports about the so-called “interpretations” of the TRO on how it should be applied.

“There can be no varying interpretations of a TRO. The Supreme Court says it only means one thing,” she said.

“According to the Supreme Court, the TRO is for maintaining the status at the time of the filing of the case, which is Junjun Binay as the Mayor. That has been upheld in several court decisions; that the TRO will uphold the status quo, not at the time it was issued, but at the time that the case or the petition or the application for TRO was filed,” Alvarez said.

She said they are still gathering documents against Peña to support the filing of the usurpation of authority charge against him.

Meanwhile, Alvarez said Binay’s lawyers will “take the necessary action” should there be delays in the release of the salaries of Makati City Hall employees arising from the DILG letter appointing Peña as the authorized signatory in bank transactions.

Alvarez also expressed hope that the CA would act soon on their petition to cite in contempt key officials of the DILG, Office of the Ombudsman, Department of Justice, the Philippine National Police and Peña himself, so that justice will not be delayed.