CA grants Binay TRO

STILL THE MAN  Makati City Mayor Jejomar Erwin Binay raises his arms in jubilation while addressing his supporters at the Makati City Hall. PHOTO BY RUY L. MARTINEZ

Makati City Mayor Jejomar Erwin Binay raises his arms in jubilation while addressing his supporters at the Makati City Hall. PHOTO BY RUY L. MARTINEZ

A division of the Court of Appeals on Monday stopped the Department of Interior and Local Government from implementing the suspension order issued by the Office of the Ombudsman against Makati City Mayor Jejomar Erwin Binay Jr.

In a five-page resolution penned by Associate Justice Jose Reyes Jr., the CA 6th Division granted the 37-year-old mayor’s petition for a temporary restraining order (TRO), saying his suspension had to be restrained because of its “possible repercussions on the electorate” of Makati City.

“We resolve to grant the application for TRO . . . In view of the seriousness of the issues raised in [Binay’s] Petition for Certiorari and the possible repercussions on the electorate who will unquestionably be affected by suspension of their effective official, the court resolves to grant petitioner’s prayer for a temporary restraining order for a period of [60 days] from notice hereof, conditioned upon the posting by petitioner of a bond in the amount of P500,000,” the dispositive portion of the CA order read.

Justices Francisco Acosta and Eduardo Peralta, the other members of the 6th Division, concurred with the order.

The DILG however, insisted that Binay is now suspended as the Ombudsman’s order is considered as served.

“As can be seen from the foregoing, the order of the Ombudsman has already been carried out; hence, there is nothing to restrain. In fact, Vice Mayor Romulo Peña already took his oath at 9:47 a.m.,” the DILG said in a statement.

The Interior department said it will seek the opinion of the Department of Justice “in view of these conflicting orders.”

“[Regional Director Renato] Brion posted in full public view a copy of said suspension order, thus carrying out the Ombudsman’s order of serving notice to the mayor,” it noted.

A jubilant Binay held aloft a copy of the decision as he faced reporters in a news conference at the Makati City Hall past noon, or about five hours after DILG officials led by Brion served a copy of his suspension order.

Binay, flanked by United Nationalist Alliance spokesman and Navotas City (Metro Manila) Rep. Tobias Tiangco, lawyer J.V. Bautista and counsel Claro Certeza, said they were “jumping for joy” after they got a copy of the order.

“We were all teary-eyed, we were jumping for joy. I was overjoyed at the same time saddened as I missed the graduation of my daughter this morning. I was watching the video of the ceremony while waiting for the TRO,” he said.

Certeza, the mayor’s counsel, said he hopes the CA would eventually make the injunction permanent.

The CA has scheduled oral arguments on Binay’s case on March 30 and 31 at 2 p.m.
It also directed Ombudsman Conchita Carpio-Morales and DILG Secretary Manuel Roxas 2nd to comment on Binay’s petition within 10 days.

Binay has been holed up in his office on the 21st floor of Makati City Hall since Wednesday after the Office of the Ombudsman announced his preventive suspension for six months in connection with the allegedly anomalous bidding and construction of the Makati City Hall Building 2. Several city officials were also included in the suspension order.

Binay’s camp failed to meet the CA’s raffle cut-off last Thursday. The next day, his case was raffled off to the 6th Division, the same division that was designated to hear a case filed against the Binays by the Anti-Money Laundering Council.

Tension gripped City Hall as hundreds of policemen, some in anti-riot gear, descended on Makati City Hall premises early Monday morning.

At past 8 a.m., National Capital Region (NCR or Metro Manila) Director Renato Brion, appeared at City Hall and marched under heavy guard to the entrance where he taped a copy of the DILG memorandum implementing the Ombudman’s order.

About an hour later, DILG officials were at the barangay hall of Barangay Poblacion, and administered the oath of office to Vice Mayor Romulo Peña as the city’s mayor.

The venue of the oath-taking used to be the municipio when Makati was still a town under Rizal province.

Addressing the public for the first time as “acting mayor,” Peña called on Binay to “follow the will of the people.”

“Sundin po sana natin ang kagustuhan ng taumbayan … sundin po natin ang kautusan ng husgado [Let’s follow the will of the people . . . follow the order of the court],” he said as he also appealed to Binay’s supporters to go home and let City Hall return to normal.

Peña added that he was planning to convene City Hall’s department heads to make sure public services continue.

A few hours later, a smiling Binay called his own news conference and announced that the CA has allowed him to remain as mayor.

“I extend my heartfelt thanks to the thousands of residents whose unwavering support has been our source of strength and courage all this time. To show our gratitude, we in the city government will immediately get back to our duties and resume our normal operations and services for the benefit of the people of Makati,” he said.


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  1. There’s conflict of interest in the issuance of the TRO. Justice Peralta, one of the Justice who signed the TRO, is the brother of Vissia Marie Peralta-Aldon, Binay’s appointee, and City Administrator at Makati City Hall.

    Proof is in GR182644 dated September 15, 2010:
    Some captions from the GR:

    “But miracles of all miracles, the Third Division dismissed the case with extreme haste on October 30, through the alleged intense lobbying of Sandiganbayan Justice Diosdado M. Peralta of the First Division without resolving the two (2) pending motions, one of which is set for hearing at 2:00 PM, November 2, 2006. Justice Peralta is the brother of Vissia Marie Peralta-AIdon, Binay’s Personnel Chief at the City Hall and a co-conspirator in the P113 million Ghost Employees anomaly.”

  2. Eliseo Jr. P.Tenza on

    Thanks to the Stupid arguments of the Court of appeals, Binay has the time to destroy any evidence that can be found in the Makati city hall.The CA granted the TRO because they say it will affect the electorate that voted Binay to power. CA does not consider that the election of the Binays to power has affected the taxpayers money not only in Makati but the entire Philippines.The Binay is accused of corruptly over pricing projects for their own personal gain.
    Wake up stupid Court of Appeals. Stupid justices.

  3. This is a proof of corruption at the 6th division of CA.Binay family is all about corruption,whatever they do it will involve corruption.CA didnt issue that TRO because of the law it is about the expertise of the Binay to corrupt people and their expertise in corruption themselves.6th division CA=corruption of appeal.

  4. I Remember... on

    This is the only right way to do. Tired of the Ombudsman Office bullying all Liberal Party’s opponents… and doing nothing for the guys in power.

    By the way, this Mayor was not there when this projects was created and approved by previous city councils… so why should he leave now????

    Only in the Philippines….

  5. It does always seem the courts of appeals always seem to straight away put up a tro. I wonder why. There is something not honest about these things in this country. I coant think of a western country where a politician be suspended by congress will not accept that suspension then fight it in court. Here thats never the case, they always want to keep in their political position no matter what. Im sorry but i dont trust a single one of these binays, mind i dont trust hardly any politician here also.

  6. Of course, the courts have to prevent the Ombudsman from suspending an elected official without a trial. No one has the power to over-ride the people’s votes in removing an elected official. A trial and conviction is needed for that to happen. That is common sense and that is the law.

  7. Thye CA reason for granting Mayor Binay the TRO is weak (possible reprecussions to the Makati electorate) as compared to the adjudication of the alledged overpricing of the Makati Building # 2 and other projercts of the city and possibloe recovery of parts of the lost government funds. Tp my mind, the CA is not a reliable court because more often than not it tends to give refuge to those facing litigation through TRO.

    • The CA granted TRO based on the arguments presented and pursuant to a decided case promulgated by the SC. Until and unless the said ruling had been revoked and nullified by subsequent decisions, Mayor Binay cannot in any manner be liable administratively for any acts that had been indicted on the matter.

  8. Ginawa na namang “moro moro” ang suspension. Binay. What a system we have in the Phlippines? Kanya-kanyang :”palusot”. The CA is concerned wth the repercussion of the suspension on the Makati electorate but, what about the confusion it has reated because of the TRO. Onli in da Pilipins!

  9. bayaranmoako on

    The same strategy done by the old Nognog Binay. When a TRO is not granted, they will go to the SC which will take months and years for a decision. The Binays should just answer the allegations in court (as they said when they refuse to appear in the senate hearing) if they are really innocent. Although the whole nation knows how corrupt the Binays are, we do realize now the evil deeds (thievery and LIES) that they did and will be doing in their positions. Nognog Binay said that “its because of dirty politics”. The Binays paid voters millions if not billions of pesos to be in their positions. Now what “dirty politics” is he talking about? Actually, the Binays are the worst dirty politicians in the whole world. Again, during this Lent season, at the crucifixion, on the right is Mercado who will say “Lord forgive me for my sins”. And on the left are the Binays who will tell the Lord, “Lord, please make a miracle for the CA and SC to grant us TRO because what we stole from the government is not yet enough”. I hope the arrogant followers (UNA and lawyers) of the Binays will realize that the persons they are defending is a follower of Satan. Good that Remulla already stopped defending the Binays. The present arrogant lawyers (Tiangco, Bautista etc… ) will soon feel the wrath of God. Magkasakit sana sila ng kanser. Please pray to save the Philippines from the corrupt and arrogant Binays.

    • wala ka namang ebedensya e…powerpoint na ginawa lng pwede ba yon sa corte? kung sabihin ko na ang asawa mo kinokunsomo ng iba pwede na kaya yon..?kung pwede e d totoo pala ang bintang sa asawa mo…!