The 6th Division of the Court of Appeals Sixth Division on Tuesday ordered Justice Secretary Leila de Lima and Makati City Vice Mayor Romulo Peña to explain within three days why they should not be cited for contempt for stopping the implementation of an injunction it issued against the suspension of Mayor Jejomar Erwin “Junjun” Binay Jr.
De Lima and Peña were among the principal respondents in the indirect contempt charges filed against Ombudsman Conchita Carpio-Morales and Interior Secretary Manuel Roxas 2nd for not honoring the May 16 temporary restraining order (TRO).
Associate Justice Jose Reyes, chairman of the 6th Division, said Peña was included when he took over as acting mayor of Makati after the suspension order was served on Binay by the Department of Interior and Local Government.
The Binay camp said Peña’s act was tantamount to defiance of the TRO.
Deputy Ombudsman for Luzon Gerard Mosquera and Solicitor Raymund Rigodon argued that the preventive suspension order was officially served on and duly received on March 11 or five days prior to the issuance of the 60-day TRO.
Mosquera and Rigodon said the TRO was moot and academic since the suspension order was served earlier than the issuance of TRO.
Reyes said the division will rule on Binay’s petition immediately after receiving the comments of de Lima and Peña. JAIME R. PILAPIL