Makati City Mayor Jejomar Erwin “Junjun” Binay has asked the Court of Appeals to cite Ombudsman Conchita Carpio-Morales and Justice Secretary Leila de Lima in contempt as he accused them of showing “their ill motives and bias against the Binays” and for “insulting the integrity” of the court for defying the temporary restraining order stopping the implementation of his suspension.
The Binay camp on Thursday filed a supplemental petition to include the two officials. The 37-year-old mayor’s lawyers earlier on Tuesday filed a similar petition against Interior Secretary Manuel Roxas 2nd, Makati City Vice Mayor Romulo Peña, Director Renato Brion of the Department of the Interior and Local Government National Capital Regional (NCR) office, Director Carmelo Valmoria of the NCR Police Office, Chief Supt. Henry Rañola of the Southern Police District and Senior Supt. Elmer Jamias, ground commander of the police force deployed in the Makati City Hall premises for defying the TRO.
Binay claimed that Roxas, Peña, De Lima, and Morales, “acting in unison in defying the Court of Appeals’ Restraining Order shows their ill motives and bias against the Binays.”
“Worse, their actions insult the integrity and competence of the Court of Appeals. Thus, they should be cited for contempt of court,” the petition read.
The 6th Division of the CA on Monday issued a TRO stopping the DILG from carrying out the Ombudsman’s order to preventively suspend Binay for six months in connection with a complaint that he together with several city government officials were involved in the anomalous bidding and construction of the Makati City Hall Building II.
The release of the TRO came just a few hours after the DILG through Director Brion served the Ombudsman’s suspension order and swore into office Vice Mayor Peña as acting mayor.
The Ombudsman also on Tuesday filed a manifestation with the CA that the TRO was already “moot and academic” with Carpio quoted as saying “there is nothing anymore to restrain”.
De Lima at the same time issued a similar legal, saying the TRO had no legal effect because the acts sought to be restrained had already been performed.
The DILG meanwhile said Binay has no basis to back his contempt case against the officials who served the suspension order against him.
According a statement quoting Interior Undersecretary Peter Corvera, the DILG officials “merely acted as an agent of the Ombudsman in implementing the suspension order.”
“If the DILG did not comply with the Ombudsman’s order, then there would have been basis to cite the DILG in contempt,” the statement read.
The political standoff in Makati City has now reared its ugly head on administrative matters at City Hall with the payroll for 8,000 of its employees now in limbo.
Vice Mayor Romulo Peña wrote City Hall’s depository bank informing them that he is now the city’s local chief executive.
In the same manner, Binay also sent documents to the bank showing them that he is still the mayor.
Binay called on Peña not to muddle City Hall’s bank transactions as this will affect the release of the salaries of the city government’s 8,000 regular and casual employees.
Binay issued a memorandum which was posted in various bulletins in city hall, informing the employees that he is still the mayor and that department heads should report to him.
Peña said he will sign today the payroll of some 2,000 employees and the budget of city health office and the University of Makati.
With Jaime Pilapil