Junjun Binay case goes to Smartmatic justice

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The same Supreme Court Associate Justice who spearheaded the court in junking the controversial Commission on Elections (Comelec)-Smartmatic midnight deal will handle the case of Ombudsman Conchita Carpio-Morales against Mayor Jejomar Erwin “Junjun” Binay of Makati City.

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Also, a total of four Associate Justices of the High Tribunal have inhibited themselves from the case of the younger Binay.

According to well-placed sources of The Manila Times in the High Tribunal, Associate Justice Estela Perlas-Bernabe will be the ponente or author of the Ombudsman-Binay case.

Bernabe, a career official in the judiciary rose from the ranks from the Metropolitan Trial Court. She was also judge at the Regional Trial Court and justice at the Court of Appeals.

She was the third appointee of President Benigno Aquino 3rd to the High Tribunal, Chief Justice Maria Lourdes Aranal-Sereno and Associate Justice Bienvenido Reyes.

Bernabe will replace Associate Justice Francis Jardeleza who inhibited from the case after submitting a pleading in connection with the Binay case when he was still the Solicitor General. He was a former Deputy Ombudsman for Luzon under the watch of Morales.

Jardeleza was the original ponente of the case.

Morales is the petitioner of the case filed before the High Tribunal seeking to halt the temporary restraining order (TRO) and injunction of the appellate court that stopped the Ombudsman in implementing its suspension order on Binay.

The other High Tribunal justices who inhibited themselves from the case are Associate Justices Presbitero Velasco and Arturo Brion.

The first magistrate who inhibited himself from the case is Associate Justice Disodado Peralta because here sister, Visha Peralta-Aldon is a department head at the Makati City Hall.

This leaves the High Tribunal with 11 justices to deliberate on the case of the younger Binay.

Morales recently suffered a setback after the High Tribunal ruled not to issue a TRO against the appellate court. Instead, the High Tribunal ordered the Binay camp to lodge its comment on the case.

The appellate court opined the injunction order shall regain the previous status before the preventive suspension of Binay was issued.

This drew flak on the face of Justice Secretary Leila De Lima, Local Government Secretary Manuel Roxas 2nd and Morales who all ignored the appellate court’s temporary restraining order issued on March 26.

De Lima, Roxas and Morales interpreted the TRO the appellate court to be of no force and effect, because it should be considered moot and academic since Vice Mayor Romulo Pena already assumed the position of Acting Mayor of Makati prior to the TRO issuance.

The defiance of the Ombudsman, Roxas, De Lima and Pena caused the Binay camp to ask the CA to cite them in contempt.

This caused the Ombudsman to elevate the case before the High Tribunal.

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8 Comments

  1. According to SC this semilar doctrine has been removed in some states of America. Because according to them it’s really a mistake. Hope the SC will follow suit.

  2. At this point Mayor Binay does not have a China man chance of winning in the SC. His protagonist is former Justice in the SC and have a relative Justice. The others who would be impartial have inhibited. Papayag bang mapahya si Conchita Morales and CJ Sereno have already shown have partiality in oral arguments including Justice Leonen. Pag nakalaban si Pnoy sigurado talo ka.

  3. The 56 year old doctrine benifits both corrupt and non corrupt public officials, but I think the real question here lies on all lawmakers of our country why they did not do something about this , even non law degree person can easily identify that this kind of law should not exist to really fight corruption. Is it about time that some honest to goodness law makers should review more laws like this?

  4. gisingbayanko on

    This will be a historical and potentially a milestone SC decision that will have far reaching consequences on future generations of Filipino considering the following:
    -Will the SC finally eliminate the Aguinaldo/Condonation doctrine which has helped perpetuate massive corruption by devious politicians like the Kuhol family and others of plundering the National Treasury by billions of pesos and get away with it by hiding behind this doctrine?
    -When will the SC show its sincerity and abhorence of the evils of this doctrine, be unequivocal and stop its double talk like a typical politician?
    -Will the SC implement and affirm exclusively the supremacy of the 1987 Constitution mandating all public servants (elected or not) to be honest, morally upright with unsullied intregrity, be accountable for their every past, present and future decision and action, debunking and forsaking this 1959 doctrine based on the American sponsored 1935 Constitution once and for all?
    -Will the SC uphold and give its unequivocal support to the constitutional mandate of the Ombudsman the right to investigate and implement its constitutional powers without any interference from any lower courts (including the CA) except the SC?
    -Will the SC censure, discipline, prosecute and punish any member of the judiciary based on wealth (SALN) and life style checks in addition to its honesty and integrity issues or cases that maybe initiated by any stakeholder?
    -Shouldn’t the SC establish and operate its own full time intelligence service specifically, to ferret out corrupt judiciary members and to instill fear on those contemplating to corrupt and subvert the judicial system? After all, the legislative and the presidency are almost incapable of implementing any remedial or punitive action vs the judiciary members enumerated above except for impeachable offenses.

  5. Karleen Domingo on

    Hirap kasi sa knla lahat ng panggipit at pag aakusa ginawa na nila kay Mayor Junjun binay pero until now wala pa din sila napapatunayan. hays.

  6. Gemma Beltran on

    Khit anong mangyari at kht anong pag mamanipula nila sa kaso VP binay pa din ay lalabas na inusente kht pinagtutulungan na sya.

  7. Its a pity that someone cant look back to see who it actually was who introduced that doctrine into the court. It will show that person was corrupt & each time a supreme court has accepted that doctrine it also tells me that court was also corrupt. Its just such a clear issue here, even a blind man can see it clearly. Only the corrupt want to keep a law like that as it protects them. Its so sad that there is so much needed to be done at every level to get rid of this corruption & it shows how clever these officials were in the past to make laws to protect themselves. I know that all of these officials who are caught stealing public money should be thrown in jail until they die. Let all see if you do this that is what will happen to you. Go light on them & corruption will continue to thrive & probably increase.

  8. Once and for all, the Supreme Court should put into rest the so called Aguinaldo Doctrine. The symbolic lady justice who for all of us,has that solomonic conscience and objectivity as portrayed by the present composition (majority members) of the Supreme Court, must crushed that subjective, political and anti constitution doctrine which glorify wrong doings in our country.