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By Jomar Canlas, Reporter
THE Court of Appeals has declared
as null and void Malacañang order to suspend Mayor Jejomar Binay of
Makati City, Vice-Mayor Ernesto Mercado and 16 other members of the
city council.
In a 33-page decision written by
Associate Justice Enrico Lanzanas, the court’s 13th Division set
aside the 60-day preventive suspension order dated October 16, 2006,
the Palace issued against Binay, who it accused of maintaining
“ghost employees” in the city hall.
The court ruled that Malacañang
committed grave abuse of discretion in serving the order. It said
Binay was denied due process because the Palace was not able to
identify the alleged ghost employees.
Binay had asked the court to
require Ermita to issue a bill of particulars on the complaint filed
by Roberto Brillante.
The court also said that Malacañang
committed an error because the complaint against Binay was addressed
to by the Department of the Interior and Local Government, “which
is not a proper forum to receive it for the President.”
The other justices who concurred
with the Lazanas’ ruling are Edgardo Cruz and Jose Reyes.
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