De Lima, Peña told to explain TRO defiance


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


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  1. To judge others without concrete evidence is cruel. Just today a black American who has been in the death row for the last 30 years was released for freedom. He was convicted for the crime he has not committed. America justice system is above all the others in the world but has passed a wrong judgement for the innocent who was supposed to enjoy his life with his family but locked in jail instead. What more for the Philippines who has the most number of liars in the world, where frame up case is rampant and the witnesses could be paid? What if the guy was hanged or his head was chopped off?

  2. Chris Sandoval on

    Simple lang naman yan, kung walang itinatago si Junior Binay ay di na dapat sila nagfile ng TRO and let the investigation begins. Aanhin ba nila ang 60-day TRO kung after 60 days ay iimbistigahan din sila? Yun ba ay para malinis (clean up) ang accounting records ng munisipyo sa over pricing na building habang nasa pwesto sila?
    Iimbistigahan lang naman sila at hindi naman ikukulong, bakit kumuha pa ng TRO? May paghahandaan bang gagawin? Kaya nga “preventive suspension” ang tawag, to prevent the Binay to do a possible hocus focus while they are being investigated kung nasa pwesto pa sila..
    Angdaming matatalinong pilipino or abogado kaya ang suspected na magnanakaw ay nakakalusot… escaping conviction at the expense of using technicality of the law.

  3. when the suspension order was served, why hasn’t Binay been pulled out of office right away? why cant we enforce the suspension to an influencial people like Binay? isthe republic this lame? only in the philippines.

  4. Binay family are magnanakaw it doesnt matter what angle you look at it,6th division CA Justices doesnt follow the legal law instead they follow the law of the bribe money.This SOB Justices are all crook.Need Transition government made up civilian/military to clean up the government.Plunder offense will be shot thru firing squad quick way to clean up the pest in our country.

  5. Ang dami pa lang hanggal dito!tro lang hindi pa alam kung ano ibig sabihin,sa sobrang pag-iidolo sa tao!
    Kung ano-ano ang pumasok sa mga utak!
    Siguro puro may pangsariling interest, ang batas-batas!paiikutin pa dahil sa sobrang pagkapanatiko sa mga idol!

  6. The Supreme Court already ordered the Sixth Division and Junjun Binay to submit their comments, NOT LATER THAN APRIL 6, on the Ombudsman’s petition to stop the CA’s TRO.
    The CA’s ‘order’ for De Lima, Roxas, and Pena to explain their alleged ‘disobedience’ of the TRO undermines the authority of the Supreme Court to assume jurisdiction.
    This is no longer an issue on the Rules of Court, but about plain common sense. By what authority, or logic, could an inferior court use to trump over the superior court?
    This breach on the Binay’s foothold of the city hall is the prelude to the eventual collapse of the once impregnable Binay Makati Wall (BMW).

  7. TRO means Temporary Restraining Order. That’s one of the due process, rule of laws and remedy for a defendant to resolve issues in court.

  8. The CA justices are just going through the motions to eventually rule in favor of Binay. With his stolen billions, Binay-aran na sila ng retainer matagal na. We’ll see if Susmaryosep’s web of influence has reached the SC. Ombudsman Morales knows her beans and she will not be outdone.

  9. Johnny Ramos on

    Nang makakuha ng TRO si Mayor Binay ang naging usapan agad nalagyan ang Court of Appeals. But when the ombudsman acted in due haste on the suspension of Binay, is this above board? When DILG baited Binay in not implementing the order of suspension so technicalities on the TRO will be a question, is this free from grease monies? There is no question that Mar Roxas and Pnoy have a hand on these legal manuever and these can not be for free for sure. Ang malungkot kay Mar, his popularity rating will never improve because of his politics. He should concentrate more on his department and if he can perform well this will carry him to the presidency. Do what Binay is doing since day one of his vice presidency. Hitting political enemies with the used of vast government will never work for Mar Roxas and Pnoy. Pnoy should start joining all these fun run going around because he will need it after his term ends on June 2016.

  10. cyrano de bergerac on

    The ignorance of the Court of Appeals is shamefully stupid.

    RA6770. The Ombudsman Act, section 14 clearly state “No writ of injunction shall be issued by any court to delay an investigation being conducted by the Ombudsman under this Act, unless thereis a prima facie evidence that the subject matter of the investigation is outside thejurisdiction 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.”

    Basically, the TRO issued by the CA is illegal. Shame on you CA justices for not knowing the law. Shame on Binay’s lawyer for trying to pull as fast one. And shame on you Junjun Binay. You have been suspended. Accept this fact that there is one law and it applies to you to.

  11. kung ako sa iyo dustin basahin mo ulit ang sinabi ni sen santiago hindi mo yata yan naintindihan… may ruling kasi ang supreme tungkol dito (basahin mo lang ulit ang sinabi ni sen santiago) na pinagbasihan sa panig ng mga binay… unless na may batas na mag supersedes nito manatiling batayan ito sa mga decision ng mga korte natin.. kaya nagfile ng bill si sen santiago para pag naisabatas na ito mapawalang bisa na ang ruling na ito ng supreme court..kaya ako ikaw bago ka mag post ng comment intindihin mo muna ang pinag basehan mo… sinabi mo pa maaaring gamitin ni de lima na defense ang sinabi ni santiago eh comment lang niya yon sa ruling ng supreme court…huwag mong turuan ang mga taong ito mas mautak pa ito sa iyo. hindi yan malagay sa puwesto nila kung hindi magagaling.. kung galit ka sa mga binay huwag kang emotional gamitin mo objectivity on the issue at hand… thank you…

  12. Eliseo Jr. P.Tenza on

    Sino ang mas malakas? Ang maga Binays o ang Sandigang Bayan at Ombudsman?
    Sino ang pinapanigan ng Justices nila Binay?

  13. Eliseo Jr. P.Tenza on

    The Justices of the Court of appeals knows the Senate probe on goings. They know that the case of over pricing against the Binays are very strong and that the Binays never tried to clear themselves in the Sub committe probe. When the Ombudsman did the investigation they find sufficient evidence to charge the Binays. That is why a suspension oreder was given. 5 days before the TRO was issued. This prooves how the Binays rely on the justices to delay the suspension and trial of their alleged corruption. These Justices is not concerned about justice, their concern is to protect Binays. Sandigan Bayan shoul elevate the corruption cases immidiately to the supreme court so that there is no other courts that Binay can run to. I hope and pray that the SC are not protectors of corrupt government officials.
    Bayan ko, kailan tayo makakakita ng tapat na justicia.?

  14. TRO? na serve na yung temporary suspension so bale wala na yung TRO. dapat mag issue ang CA ng “status quo ante order”. and RA 6770 “ombudsman act of 1989” section 14- states that “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.”

    Hindi po ba alam ng CA na ayon po sa RA 6770 na hindi sila dapat maghimasok sa Ombudsman. Tama po ba yung batas o mas mas updated pa ditto (RA 6770)?

    • Ang kaso kasi hinde na stated o cited ni Mosquera o Regodon ang Sec 14 RA 6770 kaya palpak ang mga Ombudsman at Solgen…tama kaya..

  15. So now let them go to this court & explain to them what they have told to everyone else. Then the court can make its decision & announce it. If it uphlds the tro then delima & associates will have to go to the supreme court to get this sorted out. what i think they should have done straight away was when they issued the suspension of binay they should have taken the police into the city hall & removed him as he refused to leave. At that time there was no tro, so now he would hyave been out of the mayors office & the new mayor would be in the office. But as with everything in the philippines its become a shambles.
    Then also remember wat senator santiago has said recently, that any crime committed by an official weather it be in this term of office or a previous term of office he should be held accountable. Now why you have a law or whatever it is that says you might not be held accountable if it happened when you previously served is so stupid its beyond belief.
    Its a little like saying i was a office worker & i shot a co worker dead, i left the office & became a fireman for 2 years, i now got my job back in the office & now you realise i did the murder but you cant try me on this as it happened when i worked in the office before & not now. How stupid is that. What idiot thought of that, oh i see maybe someone that was trying to look after himself as he knew in advance he would commit a crime.
    Thats what these politicians in this country have been like for years & years always looking for ways to keep themselves out of trouble for any crime they may commit. & lets get this bank secrecy law to help us hide any money we steal whilst in office as its our right as senators to steal a little bit here & there.

  16. Nancy Bulok Cake on

    To DeLima and Pena, just cite the comments made by Senator Santiago and you will be acquitted. Next thing you should do is, ask the question to the judges of the Court of Appeals how much money did they receive from the Binays to issue a TRO.

    • …really ca would issue a trash…and how much they recieved..well everyone is entitle to its opinion asa well as those deans of law school who says tro must be respected….