Binay wants dismissal of Ombudsman petition before SC
MANILA, Philippines – Makati City Mayor Jejomar Erwin Binay Jr. on Monday requested to junk the plea of the Office of the Ombudsman (Ombudsman), which demands to stop all the proceedings at the Court of Appeals (CA) related to his case.
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| In this Feb. 25, 2015 photo, Makati Mayor Erwin Jejomar "Junjun" Binay Jr., son of Vice President Jejomar Binay, shares a light moment with members of the Cabinet during the anniversary of the EDSA People Power Revolution. Philstar.com/AJ Bolando, file |
Binay disputed that the Ombudsman did not use “strong evidence of guilt” as basis for imposing the suspension order on him. His camp insists that there was no legal basis for Binay’s preventive suspension.
Certeza alleged that there was also a “substantial invasion of right” on his client’s part.
According to Certeza, the Phases 3, 4, and 5 of the Makati City Hall Building 2, used as basis of the suspension order, were built during the first term of Binay as mayor. He asserted that these should not be used as grounds for suspension since transactions which happened on his previous term should not be used against him based on the “Aguinaldo doctrine”.
The counsel added that the two checks used as basis in the suspension order were implemented during Binay’s second term as payment for the contractors who were involved in the construction of the building in his first term.
Certeza is firm in redressing with the CA since there was no more “plain and speedy remedy” left for Binay since the preventive suspension will only result to “irreparable injury” to his client and the residents of Makati City.
Ombudsman Conchita Carpio-Morales filed an urgent motion through the Office of the Solicitor General (OSG), stressing that the damage that the Ombudsman may suffer if their petition will not be attended immediately.
In Morales’s petition, she also cited the “confusion” caused by the temporary restraining order (TRO) by CA’s Sixth Division to the residents of Makati City and to those having transactions at the Makati City Hall.
Meanwhile, the Ombudsman through a petition asked the SC to issue a TRO against the restraining order by the CA on the suspension order of Binay and stop the contempt proceedings.
According to Morales, the Ombudsman cannot be restrained by the CA since they are an “independent constitutional body.” She further argued that they have the power to suspend government officials who were being investigated on allegations of graft and corruption.
Binay and 22 others were suspended last March 11 for being involved in the alleged “overpriced” Makati City Hall Building II. They currently face charges of malversation, falsification and violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act and the Government Procurement Reform Act.
***Originally published on Philstar.com; April 7, 2015; 2:28 p.m. Link: Binay wants dismissal of Ombudsman petition before SC
***Originally published on Philstar.com; April 7, 2015; 2:28 p.m. Link: Binay wants dismissal of Ombudsman petition before SC
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