Junjun stays as Makati mayor

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RULE OF LAW PREVAILS  The writ of preliminary injunction issued by the Court of Appeals  enjoins the  Office of the Ombudsman, the Department of Interior and Local Government and their agents and representatives to respect and preserve the status quo – that Jejomar Erwin “Junjun” Binay is the duly-constituted mayor of Makati City. PHOTO BY RENE DILAN

RULE OF LAW PREVAILS
The writ of preliminary injunction issued by the Court of Appeals enjoins the Office of the Ombudsman, the Department of Interior and Local Government and their agents and representatives to respect and preserve the status quo – that Jejomar Erwin “Junjun” Binay is the duly-constituted mayor of Makati City. PHOTO BY RENE DILAN

The 6th Division of the Court of Appeals on Monday issued a writ of preliminary injunction stopping the Office of the Ombudsman and the Justice and Interior departments from enforcing an order to suspend Makati City Mayor Jejomar Erwin “Junjun” Binay Jr. pending review of an administrative case filed against him, as well as resolution of legal issues over his suspension.

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“The court hereby resolves to grant Junjun Binay’s prayer for issuance of writ of preliminary injunction enjoining respondents Ombudsman, DILG [Department of Interior and Local Government] and their agents and all representatives from enforcing the joint order dated March 10, 2015 and to respect and preserve the status quo before the issuance of the aforesaid joint order relative to petitioner’s preventive suspension for six months,” the resolution read.

The CA also ordered Binay to post a bond of P500,000, “which may answer for whatever damages which may be sustained by reason of this preliminary injunction in the event that it is finally decided that petitioner is not entitled thereto.”

Ombudsman Conchita Carpio-Morales issued the suspension order on March 10 to preventively suspend Binay along with other city officials for six-months in connection with an administrative case over the allegedly overpriced construction of the Makati City Hall Building 2.

A 15-page resolution penned by Associate Justice Jose Reyes ruled that the injunction will finally settle the issue that the Ombudsman suspension order shall be halted.

“To avoid any confusing interpretation, the appellate court opines that the injunction order shall regain the previous status before the preventive suspension of Binay.

“The resolution speaks clearly that it shall revert back to the previous position before the Binay suspension with the force and effect of a status quo ante order,” the resolution also read.

The appellate court earlier issued a 60-day temporary restraining order (TRO) against the suspension but the DILG pressed on with Binay’s suspension, arguing that the order was already moot and academic as the Ombudsman’s order was already carried out.

Binay filed a petition to hold the Ombudsman as well as DILG officials and Makati Vice Mayor Romulo Peña in contempt. The CA last week conducted a two-day hearing on Binay’s petition contesting his suspension as well as his contempt plea.

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20 Comments

  1. Nakatutuwa naman basahin mga sarisaring komento ng mga matatalinong kababayan natin. NAtutuwa ako dahil sa ating bansa ay malayang dumadaloy ang sustansiya ng DEMOKRASIYA. KAHIT NA MARAMING ISSUES MAGKABABAYAN PARIN TAYO. MABUHAY ANG PILIPINAS! MABUHAY ANG FILIPINO!

  2. eltee mulawin on

    >>> SO IT HAS WRITTEN , SO IT SHALL BE DONE !!!!!
    >>> IT’S NOT WHAT YOU KNOW THAT TO BE PROVEN IN THE COURT !!!!
    >>> Filipino People of the Philippines….. unless everyone of us will be awaken, we or our children’s children will suffer like the people of Iraq, Syria and Kenya soon once this “BBL” AND THE MINDANAO PROVINCES WILL BE UNDER THE ISLAMIC STATE under the leadership of MILF+BIFF+ASG. WATCH THE STRAIGHT PATH GOING TO THAT MISSION.

  3. Simpleng logic lang naman yan. Sinimulang itayo ang guasali bago pa naging mayor si Junjun. Bago sinimulang itayo yan, gagawa ng mga pagaaral, plano at mga specifications ng gusali bago ang actual na construction. Bago simulan ang construction ay may bidding. Lahat yan ay nangyari na hindi pa mayor si Junjun. Paano sabihin na kasali yun tao sa “overpricing”. Ang “overpricing” ay ginagawa sa pagbili ng mga materyales bago simulan ang construction – at hindi pa sya mayor nuon. Anong kagaguhan at ka estupiduhan na isali mo ang tao sa mga pangyayari na wala pa sya sa kapangyarihan? I don’t know Junjun personally and I am just a student of history. But it is the height of stupidity and arrogance for a fellow Ilocano to allow herself to become a stooge of a discredited mama’s boy and a usurper of a public office. Ditto to Elmer who is another Ilocano. Awan ti bain yo. Arwaten yo kad met la ta ulo yo.

  4. What can I say here is it’s very obvious. I would rather say to the Binays’ you can lie to the whole world. But you cannot lie to yourself. I hope their conscience will torment them. And for people of Makati who is stupid here? Millionths of pesos pocketed by these officials and people are being used and still they are in Binays’ side. How long we are going to learned? Niloloko na tayo pero wala tayong ginawa. Free food and free movie in the City Hall is this not an insult? Being a previous Makati resident this is a shame shame. Gising mga kaibigan habang hindi pa huli.

    • Sobra ka namang manghusga Ka Oti. Kung ang husgado eh hindi mapatunayan ang aligasyon. Anong ebidensya ang meron ka at bakit hindi mo ipresenta sa korte para makatulong ka naman. Dagdagan mo ang gawa at bawasan ang kangangawa.

  5. Johnny Ramos on

    Those who are saying the justices of the Court of Appeals were bribed for the decision are like politicians who can not accept defeat after an election. If they can not accept the writ of injunction issued by the CA defy it and let us see if they can gather people support tutal bastusan naman ang gusto nila.

    • Ang mga Binay mula pa ng mayor is Susmaryosep Sr. palaging panalo sa CA. Pero tiyak na talo sila sa SC, katunayan na pinagbigyan lang sila ng CA. na sila ang Lord.

  6. ung mga nagsasabing “binayaran” ang mga judges, eh di ba si Pnoy sinuhulan/binayaran din ang mga judges sa impeachment ni CJ? pareho lang yan, weder weder lang yan, hindi araw araw panalo ang palasyo. Ganyan talaga dito.

  7. Justice for sale at 6th division CA,Ombudsman should expedite the investigation and upgrade charges to plunder on the magnanakaw Binay family.Lifestyle check on this Justices.DOJ/NBI you got the tools to check on this crook Justices.

  8. The CA has spoken. Defer to it.

    Innuendos like “binayaran” is merely an assumption sans solid evidence. It is in the character ng Filipino yata (or some members of the race) to readily jump to a “conclusion” that is empty of a lgical analysis of the rational mind. It is more of a product of a confused analysis cum emotional attachment.

    In other words, madaling maghusga. Kung hindi madaling maghusga, hindi na yan Filipino.

    • grammar police on

      “REFER” to it. Funny how people can give “supposedly intelligent” comments when they can’t even research on the right choice of words. Defer is different from refer if you get what I mean.

  9. Well at least they have made a decision. I know its being taken to the supreme court for finality. Whatever the decision people have to accept it. Now already someone has accused the court of appeals as having been bribed, be careful as when making allegations you need evidence if not you could be in big trouble. If the supreme court finds against the ppeals court it will show that the appeals court isnt up to the job.
    If its the correct decision with the laws as they are then that has to be respected, but it doesnt mean the laws cant in future be changed for the better.

  10. Nancy Bulok Cake on

    The whole nation knows that the court of appeals judges received millions of pesos from the Binays.

    • Ikaw lamang ang nagsabi nun. Huwag mo idamay buong nation. Binilang mo ba ang pera kaya alam mo million? How did you know?

    • Eto Lang Naman ang tanong Ng abugado Sa yo if you are in a court of law…. will the petitioner show this honorable court any proof of evidence like a signed voucher, actual footage/cctv of receipt of money, money trail as bank deposits on their names, etc. if you cannot then you might as well be charge with slander or contempt for lying under oath….. agents of the court please escort this person to the nearer prison cell….

  11. This is really a test for Omb. Morales and the Ombudsman law. I’d like to see the Binay petition to hold her in contempt to be upheld. And for the SC to side with the CA. That will be the height of the Binay-aran syndrome. Interesting…

  12. looks like the CA has given the binay s to hide their loots.the citizens of makati are the losing end here.imagine the ombudsman asked for his suspension so he cannot tamper and hide the evidences.now, he is free at will to burn those evidences.poor citizens of makati.!!!!!!

    • arcee del ros on

      really?so paniwala ka talaga na hindi ginawa ito ng mga nasa poder sa dilg para i harass ang mga binay? you’re so naive or talaga lang die hard kang supporter ng administration?

  13. Alejo Rosete on

    Let Justice prevail.
    Kung ako si Pena uwika na lang say bahay
    mo at doon hindi kalang Vice Mayor – Mayor ka pa.

    Hintayen mo ang panahon mo. Problema naniniwala kasi
    kay Roxas at Morales. Mga attack dogs ni “BS Aquino” nonoying
    eh.