• Binay TRO ‘moot and academic’

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    Ombudsman Conchita Carpio-Morales and Justice Secretary Leila de Lima separately asserted on Tuesday that the temporary restraining order issued by the Court of Appeals (CA) stopping the implementation of the six-month preventive suspension of Makati City Mayor Jejomar Erwin Binay Jr. came too late.

    They said the TRO has become moot and academic.

    Morales, a Supreme Court justice before she was named Ombudsman, said “there is no more act to be restrained” while de Lima, in a four-page legal opinion, said the TRO is “without legal force and effect.”

    “A temporary restraining order, by its very nature, and definition, seeks to restrain the commission of a future act, or an act yet to be performed but threatened to be performed by the respondent in the case,” De Lima, who issued the legal opinion at the request of the Department of the Interior and Local Government (DILG), which served the suspension order against Binay.

    Morales, in a statement, said she found the dispositive portion of the CA resolution “silent” on what the TRO seeks to restrain.

    She took note of the practice of local government officials facing suspension of using their supporters to thwart the execution of lawful orders.

    In the statement, she denounced the “alarming practice of suspended public officials encouraging the massing of people who obstruct or hinder the proper exercise of the functions of the Office.”

    The Ombudsman and the Justice secretary’s opinions echoed the position of the DILG), which on Monday insisted that Binay’s suspension has been carried out and is considered served.

    The department now recognizes Vice Mayor Romulo Peña as the city’s acting mayor.

    But Binay also on Tuesday insisted that he remains the Makati mayor even as he criticized the DILG for also insisting on its own interpretation of the law instead of seeking clarification from the court.

    In a news briefing, he urged Interior Secretary Manuel “Mar” Roxas 2nd to respect the TRO.

    “Secretary Mar Roxas himself had said that no one is above the law. I hope he would be true to his words. If the DILG has questions, [it]must seek the answers from the court, not resort to [its]own interpretation,” Binay said.

    According to the 37-year-old mayor, the situation at City Hall where his supporters have pitched camp since the announcement of his suspension last Wednesday should have reverted to normal.

    But, he said, the DILG’s actions, particularly the deployment of hundreds of policemen, “have unduly put the city in a quasi-martial law state.”

    Binay accused the Interior department of defying the will of the people of Makati.

    “I was overwhelmingly elected by the people as their mayor in the last elections. Let us respect their will. We cannot allow the interest of a few individuals to prevail over the mandate given to me by our constituents,” he said.

    “I am the mayor of Makati, and I will see to it that our constituents will not be deprived of the services and benefits they deserve from their government,” Binay added.

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    18 Comments

    1. Concerned Citizen on

      The TRO is against the law. Hence, it is invalid and unenforceable.

      Republic Act. 6770
      Section 14. Restrictions. — No writ of injunction shall be issued by any court to
      delay an investigation being conducted by the Ombudsman under this Act, unless there
      is a prima facie evidence that the subject matter of the investigation is outside the
      jurisdiction of the Office of the Ombudsman.

      No court shall hear any appeal or application for remedy against the decision or
      findings of the Ombudsman, except the Supreme Court, on pure question of law.

    2. As with many other public servants, Binay is holding on to his position using technicalities. The question remains though, WAS THERE REASON TO SUSPEND HIM? Hindi dahil maraming nakokontento sa barya pananatiliing nasa pwesto yung nanloloko ng daan daang milyon. Hindi dahil ayaw niyong humarap sa mga imbestigasyon, tatahimik nalang ang bayan. ALIS DYAN !!!!

    3. Commander James on

      Leila de Lima and Morales are both lawyers who prostituted themselves without honour by degrading the authority of their offices to a totalitarian narcissist President.

    4. Ikabod Bubwit on

      The office of the Ombudsman, even if it is an independent constitutional office, and the Justice secretary are not above the courts. Granting that the court is corrupt, it does not change the legal principle that the court is above any government agency or office.

      The court is the last venue of appeal for any citizen of the land. It is their last protection from abuse by the state. Although Binay is an officer of the state he is also a citizen who was duly elected to his office and has the right of appeal from any government action. And the court is his last venue of appeal.

      Leila de Lima and Morales are both lawyers and they should know this. They are deliberately misleading the public with their legal mumbo-jumbo in order to appease their political master – President PeNoy AbNoy !!!

      • TRO-Temporary Restraining Order: from what it says you do not have to be a brain-surgeon to interpret the meaning… that’s true, it is moot and academic because what it intended to do was restrain the implementation of the DILG preventive suspension… The suspension was served earlier and was implemented with the oath taking of the vice-mayor – then came the TRO, a few hours late… Any other idiots interpret it to what they want and muddle with other issues irrelevant to the discussion…

    5. From what I know, the Ombudsman is the prosecuting arm of the government relative to erring officials with possible cases. Ergo, their duty is to prosecute. On the other hand, the CA interprets and execute the laws of the land. This I think is the basic difference. So when it comes to the suspension order, the Ombudsman employs it. But as to whether the suspension is lawful or not, the CA decides on its legality. In this particularly case, the CA simply issued a restraining order to enable the respondent and the complainant to justify or explain the merits of the complain. For example: Jujjun Binay alleged he was not allowed by the Ombudsman to come out with his counter affidavit before the suspension order. If true, this could be a technicality in favor of Binay as this is a basic requirement less the Ombudsman stands to violate a respondents right. In the final analysis, it is the court that will decide on matter of laws or cases brought before it. Being a former supreme court associate justice, Carpio must know this. Same is true for de Lima who is a lawyer. I guess the bottomline here is: It is all a matter of hubris. Ika nga eh, kahiyaan na kaya di papayag ang DILG kasi napahiya sila.

    6. The TRO is null and void because the DILG already performed what the TRO wanted to restrain. The Ombudsman who was former Supreme Court Justice too knows very well the law and she said Binay is now suspended since the suspension has been legally served to him. The CA order has become moot and academic. An acting mayor is now in placed and Binay should obey the law and not hide from the TRO. His suspension means the Ombudsman found strong evidence against him.

      A backgrounder on CA Judge Sabio and Judge Reyes. The duo had been together in one among their corrupt sorties, and were

      suspended by the Supreme Court before.”The Supreme Court, voting 12–1, ordered the dismissal of Roxas after he was found guilty of multiple violations of the canons of the Code of Judicial Conduct, grave misconduct, dishonesty, undue interest and conduct prejudicial to the best interest of

      service.[8]

      Sabio was suspended for two months after he was found guilty of simple misconduct and conduct unbecoming of a justice of the CA. Vasquez was severely reprimanded “for his failure to act promptly and decisively in order to avert the incidence that damaged the image of the Court of Appeals,” Reyes was found guilty of simple misconduct with mitigating circumstance, and

      Vidal was found guilty of conduct unbecoming of a justice of the appellate court for being “too compliant” when she allowed herself to sign the decision without reading the parties’ memorandum.” wiki

      And now, they’re together again on TRO by Binay.

      • Ikabod Bubwit on

        Dear akak, Your legal mumbo-jumbo is no different from what is being propagated by President PeNoy AbNoy’s puppets, namely; Leila de Lima and Morales.

        Any TRO issued by any competent court cannot be annulled or voided by the action of any government official. And it can only be considered moot by the same competent court – not by the Ombudsman or Justice secretary. It is the TRO issued by the competent court that voids the order from the Ombudsman and Justice Secretary.

        Assuming, without admitting, that the court is corrupt, it does not change the legal principle that the court is above any government agency or instrumentality or office.

      • This is the best explanation why Nognog Jr was granted the TRO (Tanga Resurect Order)…kayang-kaya lokohin ang mga tao..kawawang Banana Republic…sa US hindi mangyayari yan kasi mga botante medyo iniisip nila ang kapakanan ng bayan..dyan sa Pinas kung sino magaling mangilimbat ay sya ang kinukuha na Pinuno..he..he..he..Mga Corrupt din yong nag-issue ng TRO na kasabwat nila Nognog..tanong nyo na lang magkano kinita nila…

    7. Mr.13%VP Binay you should get your money back from the corrupt Justices of the 6th division CA.Pera na naging bato pa,better luck next time 6th CA Justices.We got two Iron Lady saying no to BINAYarang TRO.Move in Vice Pena with the SAF troopers and kick out the crook Mayor Payong.Pag humarang sina Tiongco at Bautista itapon nalang sa bintana they are useless anyway.

    8. I am not a lawyer. I was just confused of the statements from the two (2) lady lawyers. According to them, the order has already been served and in effect the TRO is already moot and academic. I think the real issue here is not the late issuance of the TRO but on the suspension order itself is being restrained about. I could not imagine that they holding such positions but could not interpret the laws properly. Ano ba ang nangyayari sa atin….

    9. Our two lady-officials have turned out to be the peoples’ savior of what is true,good,and right in the legal interpretation of the TRO. They are the gems of our legal system.

    10. Rene L. Canlas on

      yes we all agree with you that you were “overwhelmingly”voted by the makati people to be their mayor to do the right thing but what you did was completely the opposite. most of the people who went to city hall to show their support to you were there because of free food. many of them are not even residents of makati but came from neighboring cities around makati. if you continue to stay at your office, people will enjoy the free food you are feeding them, which cost the makati government millions of pesos. wake up mayor before its too late.

    11. Gaga talaga itong dalawang babaeng sipsip na si de limas at moral-less,paano ba ito naging mga judge!!
      Kung hindi nauna yung hatol ng ombudsman! E ano ang pipigilin!!hindi na kailangan ang tro,kung walang hatol ang ombudsman!!
      Saan kaya kumukuha ng utak itong DLIG,Doj at ombudsman!
      Ang kapal ng hiya ng mga ito!akala nila puro walang isip ang mga tao!!

    12. Yes you were overwhelmingly elected by the people of Makati paying those voters from the money you corrupted/stole from the government. Suwapang na kayo sa pera ng bayan, napaka-swapang nyo pa rin sa puwesto. And when did the Binays respected the laws of the Republic and when did they respect the law of God ( Thou shalt not steal)? God, please put an end to these abuses of the Binays..