CA junks Junjun Binay’s petition vs second suspension order


THE Court of Appeals (CA) junked on Friday dismissed Makati City Mayor Junjun Binay’s petition questioning the second preventive suspension order issued against him by the Office of the Ombudsman over an alleged overpriced Makati Science High School building.

The appellate court, in a three-page decision, said the petition has been rendered moot, when the Ombudsman earlier ordered his dismissal due to the alleged Makati City Hall Building 2 overpriced project.

“Ombudsman Carpio-Morales and her 103-page joint decision pertaining to six other similar complaints against petitioner (Junjun Binay) involving alleged anomalies in the construction of the Makati car park ordered petitioner’s dismissal as Makati Mayor with perpetual disqualification from holding public office.” The CA’s resolution stated.  “This court takes judicial notice of the foregoing issuance, which became the subject of extensive coverage in both print and broadcast media. In light of this supervening event, we opined that whatever relief we grant to petitioner in this case, whether we will restrain, enjoin or nullify his preventive suspension, the same will no longer serve any practical value.

The CA explained that although Binay’s second preventive suspension has not prescribed, it has been deemed “overtaken, if not superseded, by the order of dismissal by Ombudsman (Conchita) Carpio-Morales.”

“Petitioner, having been dismissed from his post as Makati Mayor, will not be able to take it back, regardless of how we resolve the validity of his preventive suspension in the present case,” the CA continued.  “Accordingly, the petition is dismissed on ground of mootness.”

The administrative case stemmed from the alleged overpricing of Makati Science High School building by about P282 million.


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