Binay lawyer: Ombudsman’s petition before SC is recognition of CA TRO

MANILA, Philippines - The petition of the Office of the Ombudsman questioning the validity of the temporary restraining order (TRO) issued by the Court of Appeals (CA) on the six-month preventive suspension of Makati Mayor Jejomar Erwin Binay is a recognition of the appellate court’s order,  Binay’s lawyer said on Thursday.

"In a way we are happy na dinudulog nila sa husgado because to our mind this is better than simply ignoring order. It is a recognition that the TRO is valid," lawyer Claro Certeza said. 

With the filing of the Ombudsman’s petition, Certeza said the TRO should be respected while the case is being heard. 

"The TRO continues to be in effect. Until the Supreme Court says otherwise, it should be respected," he said.

Certeza said the Ombudsman petition should prompt the Department of the Interior and Local Government (DILG) to stop its defiance of the court order.

"Dapat itigil na ng DILG, Ombudsman ang pagsasabi na si Vice Mayor (Romulo) Peña ang mayor ng Makati," he said. 

"The TRO was issued to avoid confusion. While the issue is not resolved, the DILG and Ombudsman should respect it. If they do not agree, they should bring it to the proper courts," he said.

Certeza also asked why the Ombudsman did not ask for a motion for reconsideration before the Court of Appeals (CA). Certeza said that under Rule 65 of the Rules of Court, it is required that a motion for reconsideration be first be filed with the CA before an elevation to the Supreme Court is made.

"Sa pagkakaalam ko walang motion for reconsideration filed ang Ombudsman sa CA tungkol sa TRO. Very basic po na bago iakyat ang isang bagay sa SC on certiorari under Rule 65, ang requirement po ng batas ay may MR. I do not know why they resorted to directly filing it with the SC. Under normal circumstances, the failure to file an MR is enough basis to dismiss a petition,” he said.

Certeza also assured that the city government will continue providing services to the people despite the defiance.

"The city government is functioning properly. It has been the mayor's position that those services should continue. It is regrettable that the DILG, Ombudsman and Vice Mayor Peña continue to insist (on their defiance)," he said.

"If they really believe they are correct, they can go to CA to wait for decision. There is no excuse for not following a legitimate order of the courts. All these are clear and simple acts of harassment," he said.