• Mar Roxas’ double standard in executing Binay suspension order

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    IN employing a double standard in the implementation of the Ombudsman’s preventive suspension order against Makati Mayor Junjun Binay, Department of Interior and Local Government (DILG) Secretary Mar Roxas has shown that he is not above playing dirty politics to politically cripple the Binays ahead of the 2016 presidential elections.

    There’s a double standard because Roxas is applying the rules differently in the case of Binay than other politicians in a similar situation.

    According to the DILG’s statement, at 8:24AM last Monday (March 16, 2015), “DILG NCR Director Rene Brion went to Makati City Hall to implement the Ombudsman’s order suspending Makati Mayor Binay.” However, since Brion “was denied entry into the building, and was prevented from going up to the Mayor’s office…RD Brion posted in full public view a copy of the suspension order…”

    At 9:47AM or a little more than an hour after Brion’s posted the Ombudsman’s suspension order, Peña took his oath as acting Mayor before Assistant City Prosecutor Billy Evangelista in a ceremony at the Museo ng Makati in Barangay Poblacion, which was attended by Brion. On the other hand, the Court of Appeals (CA)’s resolution issuing a temporary restraining order (TRO) in favor of Mayor Binay was received by the DILG at 3:09PM.

    The DILG therefore claims that the Ombudsman’s order of serving notice to Mayor Junjun Binay had already been carried out. Thus, in a legal opinion issued at the request of Roxas, Justice Secretary Leila de Lima argues that “the temporary restraining order of the [CA] is without legal force and effect because it is already moot and academic” since it was received only after the Ombudsman’s suspension had been served by the DILG and Peña had assumed as acting mayor.

    However, as pointed out by former law school dean and fellow litigation lawyer Tranquil Salvador 3rd, the real issue is not about the timing of the TRO issued by the CA but whether or not the Ombudsman’s preventive suspension order was indeed properly served by Brion in the first place.

    To answer that issue, Roxas did not have to ask De Lima for help because his own department (i.e. the DILG) previously issued a legal opinion on the proper procedure for the service and implementation of a suspension order.

    In DILG Legal Opinion No. 18, 2014 dated May 23, 2014 – which involved a suspension order against the mayor of Isulan, Sultan Kudarat – the DILG said that when the rules of procedure of the suspending body do not specify the mode of service of the order, the provisions of the Rules of Court should apply to fill in any deficiencies in the rules.

    In particular, the DILG opinion cited Section 5, Rule 13 of the Revised Rules of Court, which clearly states that the “(s)ervice of pleadings, motions, notices, orders, judgments and other papers shall be made either personally or by mail.”

    In the case of Mayor Binay, since the Ombudsman’s rules of procedure also do not say how the suspension order should be served or implemented, the proper procedure should have been – based on the DILG’s legal opinion – to serve the order personally or by registered mail in accordance with the Rules of Court.

    As DILG head, Roxas knew, or ought to have known, that serving the suspension order by “posting” it at the entrance to the Makati City Hall is not allowed under the rules. Posting is not one of the modes recognized by law for the valid service of the Ombudsman’s orders or notices.

    It appears, however, that Roxas has little patience for legalities. He wanted Mayor Binay out of City Hall before the latter could secure a TRO, even if that meant turning a blind eye to his own department’s rulings.

    Roxas’ treatment of Mayor Binay is in sharp contrast to that of his Liberal Party allies such as former Comelec Commissioner Grace Padaca.

    We recall that in May 2012, the Sandiganbayan ordered Padaca’s arrest in connection with graft and malversation charges. But even after he took over as DILG secretary in August 2012, Roxas never ordered the police to arrest Padaca. In fact, Padaca’s arrest warrant was never served up to the time she posted bail at the Sandiganbayan almost six months later in October 2012, accompanied no less by Roxas himself.

    Since it is common knowledge that Roxas is eyeing the presidency in the 2016 elections, by applying a different rule in Mayor Binay’s case, he is clearly using his office to gain an unfair advantage over his reputed opponent, Vice-President Jojo Binay.

    “Ang batas ay batas at lahat tayo ay sakop ng batas (The law is harsh but it is the law and no one is above the law.),” Roxas once lectured Mayor Binay.

    Perhaps Roxas should practice what he preaches, first and foremost, by applying the law fairly and equally to everyone, his adversaries included.

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    32 Comments

    1. secretary Mar serves the suspension order (that is his job as ordered by the ombudsman) but binay keep obstructing the entrance to the city hall just to delay the suspension order to be given to him, so he could buy time for the TRO.

    2. on my opinion.. I don’t see it as double standard, at first it was an order to serve the suspension order, and second the TRO was issue after the suspension order.

    3. To faith…gaano ba kayaman sa tingin mo si binay para mabayaran nya lahat ng taong sinsabi mo. Sa tingin mo kung binayaran nya kahat yan, may pera pa kaya siya ngayon? Isip isip din naman. Wag madyado padals sa mga sani sabi. Ang tsimis pinapaniwalaan lang ng walang sariling pag iisip.

    4. Johnny Ramos on

      Mar Roxas is doing great disservice to his political ambition to become our next president. His move to destroy the Binay’s in Makati will bring him more down. Politics is perception and using all the government resources to destroy your political enemy will be more advantageous to the opponent as in the case of Binay. Mar did not perform well during his stint in Dotc and DILG and throwing dirt to Binay will never work for him too. Performance will always prevail and if Mar can not do it and time is running out it will be better to keep a low profile.

      • The opinions of this lawyer are baluktot. He should go back to law school. Blaming Roxas misses the point. Double or single standard, look at the law. Binay is clearly in the wrong. Johnny Ramos also seems to be a staunch pro-Binay no matter what. Siguro and dalawang ito ay nakatanggap ng cake mula kay Senator Binay na binili niya ng 500 pesos pagkatapos siningil niya ang siyudad ng Makati ng 1000 pesos. Good business people. Siguro ang dalawang ito ay BINAYaran ng mga Binay or siguro mga bayarang manunulat sila ng mga BINAYaran.
        Blame the CA.
        The CA is in a bind. They know they made a boo-boo. Alam nila na tama ang opinion ng Ombudsman, ni Sec. De Lima at Sec. Roxas na ang TRO ng CA ay “moot and academic”, in short HULI (Late) because the condition (‘yong suspension ni Binay) did not exist when the TRO was issued. Pangalawang problema ng CA, papaano na ‘yan, natanggap na ng mga juez ng CA ang kanilang BAYAD (bribe) at sila’y pumalpak. Siguro galit na galit ang Binay camp dahil gumastos sila ng milliones galing sa nakurakot sa gobierno tapos walang nangyari. Paano nila babayaran ito kung nagastos na nila. Poor justices of the CA. They are caught between a stone and a hard place. Poor Binay(arans) they spent millions na nakurakot at sa pa-overprice sa mga cakes na dapat nakalaan sa kampanya ni Binay na maging presidente, kahit walang personalidad na maging presidente. Siguro ang dalawang kampong ito ay nag-aaway na. Sa mga juez ng CA… Kumusta ang bayad sa inyo at ang pangakong maging justice ng SC pag nanalo si Binay? Filipinos, if you are still stupid, ignorant, and dumb, let this be your slogan in 1916: Vote Binay para lalong humirap ang buhay ng mga Pilipino.

    5. As I see Mar Roxas more and more in the media, he is losing his credibility more and more… along with De Lima. Not because they are going against the Binays but because their actions show how much they are “sipsip” to Pnoy. Such a shame, really! I really don’t like seeing them honestly… I feel like they are just grandstanding. Reasons? I don’t know… Could be related with 2016 though..

      • correction:
        I think it is the other way around. Binays are the ones losing credibility. Money talks

      • naku po isa kapa art …laki ng ulo mo sayang indi mo ginagamit ng maayos….show your strong evidence before getting a conclusion….butata nga c idol mong bondal..tinanong ng mga senators kng san mo nakuha ang price na P1000 ..alam mo ang sagot niya,hula hula lng..kc nakita ng mga senador ang totong receipts ng cake is only P300+….so buking sya na nagsisinungaling…pero ano ang ginawa ng mga senador na mga bugok din tulad mo.??na contempt ba sya? hindi kasi drama lng yan….bondal is under oath,he lied so therefore he will be contempt ……

    6. I guess this is why we feel so sketchy about Mar Roxas’ actions in this situation. I, most of us, feel that he just did those things not because he cares about our nation but because for personal reasons. Maybe to take down his number one competitor? Or maybe to make PNoy a better leader by showing how bad others are? Or something else… but NOT FOR THE PEOPLE. I hate to see this kind of politicking, it sucks. Roxas should stop this and should not anymore use such tactics. Hmmm….

    7. Justaskingseriously on

      Read Rigoberto D. Tiglao’s analysis and commentary for March 17, 2015 entitled, “Stop these mad men already!” To find it, click on opinion, click on archive at the bottom of the page, then click on March 2015 and click on analysis and commentary. Crux of his analysis: the ombudsman gave the Makati Mayor 10 days to respond which would have been March 20. The mad men could not wait. Why? Shows not only double standard but double time. Makes one wonder it the mad man who wants to be president even knows that the first right in the bill of rights is “due process” “equal protection of the law” (Article III of the constitution). “Bungle in the Jungle” as Ben Kritz put it.

      • tama ka sir..wala akng kinakampihan dito..dun ako sa tama…sana dadami ang mga taong marunong magisip..indi ung maniniwala lng sa hearsay na bentang..kng ang SC ang mag desisyon na guilty ang mga Binay saka pa po natin husgahan na magnanakaw sila….pero sa ngayon kailangan nating bulatlatin ang kalaliman ng kanilang intensyion kng ito po ay tunay or paninira lamang…..maging fair tayo sa lahat ng Pilipino mahirap man O mayaman wag natin silang husgahan hanggat hindi pa sila napapatunayan na nagkasala…..peace brother!!!!!!

    8. TRO is TRO and should be obeyed. Ombudsman can go to Supreme Court to question the TRO. But TRO in the meantime should be observed. The problem is everybody is now infected with politics even those supposed independent constitutional bodies allowed themselves to be used for political ends.

      • tama ka bro..ang evil kc magaling magpalit ng kulay,magbait-baitan para lamang makapang loko ng tao…ito ang napansin ko ngayon sa gobyerno natin na pinagharian ng mga pulitikong bugok..may nagpakita na sila daw ay para sa bayan,hinuhuli ang mga pulitikong magnanakaw pero indi nila nakita mismo ang bakuran nila punong puno na ng BASURA….example:PDAP,DAP…..bakit tatlo lng ang kinulong nila kng totoo ang PDAP?ang dami pang senador at congressmen na involve dun..infact kasama yn sila trillanes at cayetano sa listahan…bakit indi sila kinasuhan??? mas naona ang PDAP kesa mga bentang nila ky BINAY……

    9. Pusong-Pinoy on

      Binay himself admitted he wants Mar Roxas as running mate for the VP position. Binay said he was serious in saying this. He has a long list of possible running mates, but Mar Roxas is #1 in the list. Binay admitted this, check it out in the news.

    10. This “question” of “properly serving” the notice is so lame! LAME! This is just hiding behind technicality and semantics. Junjun Binay is fully aware. The purpose of serving is to inform the recipient. Binay’s act of immediately filing for a TRO, barricading himself, and bringing his crowd to ‘protect’ him make it clear that Junjun KNEW!

      Please let us stop pretending that the suspension order was not “served”. Let us stop exploiting the loopholes due to semantics, technicalities, or what gobbledygook you can use to distort the law. This is how our justice system got corrupted. Let’s stop this!

    11. I also should have mentioned,so if roxas was wrong in not implementing the law straight away on padeca then he shouldnt implement the law on binay. Surely your joking, yes he may have been wrong in not implememting it on padeca but he should still implement it on binay or whoever.
      But its like adultery here, its a crime ( & it shouldnt be ) but its only a crime if the husband persues it, if he doesnt you havent comitted a crime. Its crazy but thats like everything in this country, its crazy.

      • the point is simple, when there are rules set, it must be respected. otherwise if we allow arbitrariness to supersede the set rules then lawlessness is sanctioned. Cold and impartial obedience to set rules is what justice requires, it is not simply technicalities but these are parts and parcel of due process.

      • My question is why did jr binay barricade himself in Makati? did he own Makati now that he refuses to leave? you are right upon suspension he received he will file ASAP TRO in which he believed will stop implementing his suspension…He should vacate his office right now i guess.!!

    12. Its so strange how you see mar roxas as guilty but you see nothing wrong in what binay is doing, then you wonder why this country is such a laughing stock, its like the backward african countries. The philippines loves to use the words world class, i see world class idiots. Im sorry but thats what i see here day in day out, arrow arrow

    13. The first question you should ask is why was anyone going about their lawful business stopped from gaining entry to a public office. Surely they were breaking the law. But as is usual not a single one of you will ask that question. If i had business in the said office & you stopped me going in that isnt right surely. Its they to serve the public not to pick & chose who the mayor wants to access the building, remember binay is a public servant.
      Now i dont know the law but i think the supreme court should have entered into this straight away as it needs sorting. I would have said when binay was suspended then he should have left the office & then gone to court. The powers that be also need to present their case in court & if it favours binay he is re instated if it doesnt then he is left out & waiting for the court case. But everything here is always made so complicated. I know in the uk if a mayor was suspended & he wouldnt leave his office the police would remove him. But here people can do what they want.
      & it seems the law is very unclear about who is right as both the dilg & the ombudsman think they are right. Im struggleing as always to come to terms with the stupid way this country is run. We have just seen the death of a great man from singapore oh how he would laugh at the idiots in this country. Im sure he would have had it sorted straight away & im sure if a mayor was suspended there he would be out immediately.

    14. Leodegardo Pruna on

      MAR has taken the law in his hand to feel he is the law. What MAR has done ultimately lead to his political demise. God bless the Philippines.

      • Do you think the Philippines will be blessed if a plunderer will rule it? [expert thief = one that just resorts to technicalities to prove he is innocent] I think we get only what we deserve since we are the ones who put them in office.

    15. Orchestrated yan. That week immediately prior to March 16, alam na ng OSEC ng DILG na may suspension order yung Mayor. At alam din kung kailan ma-release ng Ombudsman (maaring by special courier pa at nagmamadali).

      Nag-meeting ang mga yan (the latest Friday, March 13) para mag-strategize -kung anong petsa at oras dalhin ang suspension order, kung anong araw at oras ang oath-taking at kanino, at kung ano ang gagawin kung hindi maibigay ng personal mismo sa Mayor.

      Ipaskil ang Order sa gate, or sa pintuan ng Office of the Mayor. Yan ang dating gawi bago lumabas ang DILG Opinion nung May, 2014. Maaring nung mag-meeting sila to strategize, wala yung taga Legal Service na nag-draft ng Opinion. Result? Nakalimutan nila ang Opinion. Or they just did not bother themselves about it. May palusot ang DILG diyan. Na ang kanilang Opinion is not a law or a rule. That it is not mandatory but only directory. Anticipate it.

    16. imanuel san miguel on

      nahawa na si boy sundo kay abnoy sa katangahan. talagang totoo ang sinasabi nila that stupidity breeds stupidity

    17. then padaca and binay should be punished for going against the sandigan bayan and the ombudsman ‘s order. mar roxas should also be punished for being double standard.

    18. E. G. Festin on

      Roxas is typical of the elite that controls Philippine society and politics and allows conditions to continue being unjustm corrupt and detrimental to the Fillipino people.

    19. Perhaps the “masamang damo” poison that was germinated and bred by the grandfather, the late president, Manuel A. Roxas, Sr. also runs through the blood of this Mar Roxas, III. There are many who suffered through the death march in Tarlac, who swear to the treasonous and traitorous character of the grandfather.

      We are not surprised that duplicity also permeates the behaviour of this Malacanang wannabe. This is what he has in common with the Abnoy.