Binay TRO plea goes to ca 6th division

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The same set of justices that was supposed to hear a complaint filed by the Anti-Money Laundering Council against the Binays will handle a petition for certiorari filed by embattled Makati City Mayor Jejomar Erwin Binay Jr.

The 6th Division where Binay’s plea was raffled off is headed by Associate Justice Jose Reyes with Associate Justices Eduardo Peralta and Francisco Acosta as members.

The 37-year-old mayor is asking the CA to issue a temporary restraining order (TRO) or a writ of preliminary injunction to stop the enforcement of an order by the Office of the Ombudsman to preventively suspend him together with several city officials for six-months in connection with the allegedly overpriced construction of Makati City Hall Building 2.

The construction of the building started during the term of the 37-year-old mayor’s father, now Vice President Jejomar Binay, whom he succeeded in 2010.


Ombudsman Conchita Carpio-Morales earlier ordered Mayor Binay’s suspension, along with several others, in connection with its preliminary investigation of charges for grave misconduct, serious dishonesty and conduct prejudicial to the best interest of the service for the allegedly anomalous awarding of the contract to build the P2.- billion Building 2.

In his petition with the appellate court, Binay accused the Ombudsman of grave abuse of discretion and “whimsically and capriciously” disregarding and violating laws and jurisprudence.

The younger Binay has been holed up in his City Hall office since Wednesday after the Office of the Ombudsman announced his suspension which was “immediately executory.”

The mayor’s lawyers tried to file a petition to overturn the Ombudsman’s order but they failed to beat the cut-off time for the regular raffle on Thursday. Binay’s petition was raffled off on Friday, with the 7th Division overseeing the proceedings.

A radio report said security was tight at the Makati City Hall with guards posted all over as supporters of the Binay family continue to throng the facility along J.P. Rizal Street.

Joey Salgado, the mayor’s spokesman, said except for the courts whose operations were suspended, it’s business as usual in all offices.

Vice Mayor Romulo Peña late in the afternoon read a message on radio, saying he is just awaiting orders for him to take over the reins at City Hall.

Before that, Binay held a news conference where he claimed that his suspension was part of a plot allegedly hatched by the administration-backed Liberal Party (LP) to replace him with a party member. Peña is a member of the LP.

“They want to suspend me so I won’t be able to complete my term until 2016,” he said.
Binay added that he also learned about an alleged plan to implement a second wave of suspensions, this time targeting members of the City Council who are mostly his allies.

“This is tantamount to discrediting the mandate to serve that was given to us by the people,” he said.

“It is a disservice to the people because you will remove all the city officials elected by the people and replace them with an OIC who is your ally,” Binay added.
He noted that this scheme is a remnant of the Marcos regime.

“It seems that we are returning back to the Marcos dictatorship because during that time, all his political opponents were persecuted,” Binay said.

Binay’s statements were a reiteration of his August 2014 claim that the LP and the Nacionalista Party (NP) are allegedly conniving to suspend him and the entire city council
At the House of Representatives, Caloocan City (Metro Manila) Rep. Edgar Erice accused the Binay family of deliberately breaking the law by snubbing congressional inquiries and defying the suspension order issued by the Ombudsman.

“They said the Senate is not the proper forum, and that the proper forum is the [Office of the] Ombudsman. Now that that Ombudsman has made her move, they say it is still wrong.

What do they really want?,” Erice, chairman of the LP political affairs committee, said.

He was referring to the Binays’ earlier refusal to face an investigation conducted by the Senate blue ribbon committee.

“The City Hall is not their condominium. The City Hall is not for them to use as sleeping quarters,” Erice pointed out.

With Report From Llanesca T. Panti

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9 Comments

  1. Isn’t is odd that… all of the sudden PNoy is in hot water over the SAF 44 Massacre yet since the SAF44 story and consequences cannot be swept under the rug it now seems like it is a very convenient ploy to shift attention away from the total incompetency of the Palace leader and onto the Binays in general??

    • Gusto nila gumawa ng sariling batas para sa kanila na royalty. Abugado si Susmaryosep, UP graduate pa kuno, sumumpa siya bilang VP na ipapatupad niya ang batas ng bayan, pero iginigiit ang palusot ng anak. Oo nga, karapatan nila ang humingi ng TRO pero hindi ito dahilan para hindi ipatupad ang suspension order. Maaring lang itabi ang suspension kung ito ang decision ng CA, hindi porke na-file lang mawawala ng bisa ito. Pagnatalo sila si CA, aakyat pa yan sa SC at ikakatuwiran na naman na maghintay ng decision nito. Susmaryosep! Galing mo, kapit tuko.

      Masamang lahi talaga itong maitim na ang kulay ay maitim pa pati ang budhi. Magnanakaw na, gusto ring baluktutin pa nila ang batas. Sige, Pilipinas, gawin ninyong presidente si Binay, para ipagpatuloy ang pagnanakaw at panlilinlang.

  2. Concerned Citizen on

    Nag-i-imbento lang ang mga Binay ng mga pekeng rason – kesyo pamumulitika, kesyo ‘alleged plot’, keso ganito, kesyo ganoon. Walan namang ebidensiyang totoo nga ang mga palusot nila. Haka-haka lang. Pero ang mga akusasyon na may katiwalian, korapsyon, illegal na gawain ng Binay, mayroong mga ebidensiya, dokumento, testigo.

    Binay, huwag mong lokohin ang taong bayan. Kapag umalis ka sa puwesto, mas giginhawa pa ang takbo ng buhay sa Makati. Mas maraming papalit na gagawin ang trabaho nila kapag umalis ka na. Mga taong magtratrabaho, di tulad mong tinutulugan ang City Hall, para bang bahay mo na ito!

  3. Cut the water and electricity to the city hall.2015-Doomsday of Binay family criminal organization.Another word for magnanakaw is magbinay.

  4. My heart bleeds for these people of Makati who was turned into stray dogs by the leader they look upon as royalties. It is indeed outrageous that I am tempted to command both west and east valley faults to move and show this government and its people who is the real boss.

  5. this man plans to bunk in at the makati city hall, he’s been caught with his hand in the cookie jar and now….caught sleeping on the job ! GUILTY !

  6. nationalistako on

    Yang mga Binay ay nakakahiya ang kanilang mga gawain. Magnanakaw na, wala pang galang sa batas. Tama si Erice, noon, sinasabi ng mga Binay na sa korte lang sila ssagot sa mga bintang sa kanila. Nayon at korte ang nagpasiya ay ayaw pa ring sumunod. Pag walang TRO pupunta sia sa SC para i-delay lahat ang katiwalian nila. Hindi ba nila alam na kahit anong gawin ng mga Binays ay alam na ng mga tao ang kasakiman nila sa pera. Alam ng lahat ng tao ang pagnanakaw nila kaya wala ng pagasa si Binay na maging president. Ipagdasal na lang natin na iligtas ng Diyos ang Pilipinas sa mga Binays. Lord, please save the Philippines from the Binays.