Pimentel: Respect CA ruling

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FORMER Sen. Aquilino “Nene” Pimentel Jr. on Wednesday urged all the parties involved in the six-month suspension of Makati City Mayor Jejomar Erwin “Junjun” Binay Jr. to respect the decision of the Court of Appeals (CA).

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The 6th Division of the CA on Monday granted Binay’s petition for a 60-day temporary restraining order (TRO) stopping the Office of the Ombudsman and the Department of the Interior and Local Government (DILG) from implementing Binay’s preventive suspension over corruption allegations.

Binay, 37, and several incumbent and former City Hall officials were linked to the allegedly overpriced contract covering the construction of the Makati City Hall Building 2. The building project started during the term of the mayor’s father, now Vice President Jejomar Binay, whom he succeeded in 2010.

“The rule of law should be upheld at all times,” Pimentel said. “And that’s the objective of Mayor Binay, to maintain the status quo until the courts determine whose argument is right. Meantime, they might as well follow the TRO,” he added.

Pimentel was a long-time partymate of Vice President Binay in the PDP-Laban and were together in the so-called “parliament of the streets” during the dark days of martial law. The former senator, who as President Corazon Aquino’s minister of local government appointed the elder Binay as OIC-mayor of the municipality of Makati in place of Mayor Nemesio Yabut who died in office at the height of the People Power revolution in 1986.

Justice Secretary Leila del Lima, meanwhile, reiterated her position that the TRO issued by the CA was already “moot and academic” paving the way for Makati City Vice Mayor Romulo Peña to assume the post of acting mayor.

She said the TRO in fact preserved the effectivity of Peña’s oath, which he took about an hour after the DILG served Binay’s suspension last Monday.

“As far as we in the DOJ [Department of Justice] is concerned, it’s very clear that the TRO has become moot and academic. The status quo that the TRO sought to preserve at the time the CA issued its ruling was Vice Mayor’s Peña’s oath as acting mayor. That is the status quo, that is the situation now,” de Lima told reporters.

Peña has since set up a “Mayor’s Office” at the old municipal hall along J.P. Rizal.

He clarified that he was not engaging in a power grab and is just following orders for him to take over as mayor.

“I didn’t ask for this. Under my designation, if the mayor is out, I take over the post. If things get settled, I will hand them back the seat of power. I’m not here to grab power,” Pena said.

Mayor Binay, who has been holed up in his 21st floor office at the new City Hall building since last week, convened the Makati Disaster Risk Reduction and Management Council and presided over an emergency meeting in preparation for the arrival of tropical storm Betty.

“We are here to work, trabaho lang [to do our job],” he said.

The mayor explained that his administration has been following protocol, and appealed to Interior Secretary Manuel Roxas 2nd to do the same.

“My humble appeal to Secretary Roxas and members of the Liberal Party is to stop this type of dirty politics,” Binay said.

He assured Makati’s constituents that he remains in office and will continue to discharge his functions as mayor, including signing of official documents pertaining to transactions of the city government.

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13 Comments

  1. When can our courts be freely independent from political pressures? The rule of law has been clearly established, that is why we have a co equal branch of government in the Judiciary. To my understanding that is why you have a Court of Appeals. You appeal something like in the form of a suspension served upon you and you think is unjust you appeal it to the court or the higher authority which is the Court of Appeals. If you lost in a case and you think the Judge was biased in rendering the unfavorable decision you have the option to question it through the Court of Appeals and if necessary the Supreme Court.

  2. noong pinaalis c gov javier ng antique inabot ng 10 araw bago iserve ng dilg ang order…nagpadala pa ng clarificatory letter sa comelec…may delaying tactic dhil LP c javier….

  3. I still say these 6th division CA Justices are crooks the TRO appear like magic that is bogus.

  4. One thing i missed was binay says he has a tro & they should respect the law & obey the law. Well befoe it was issued he was issued with a suspension order so he should have complied with that until he got his tro, that is if he did what he says they should do, in complying with the law.

  5. Again this show the shambles this country is in. I dont know the law in this country but to me this should be so simple, i cant believe that in 2015 the law is not clear on this issue. The issue is, after a suspension is made can a court issue a tro or not. If they can then binay stays, if they cant then hes out, but if there is something else they can apply for then thats a 3rd way. But the first thing i would have done once the suspension was made official, i would have given binay 1 hour to leave his office, if he didnt leave the police should have removed him. Then he can go to court, its like getting the tro did he appear in court himself if not it shouldnt have been issued as how can they question him, surely they cant just let his lawyers speak for him as then its his lawyer speaking & not him & he could claim after that that he didnt want his lawyer to say that.
    But as i said its another stupid thing in the philippines. It needs sorting & sorting right now.

  6. De Lima is in a time warp. She does not know what she is talking about. I have been with DILG for years. I know how that so-called suspension orders work.

    They (Malacanang, Roxas, Morales, De Lima, etc) are fully aware that the aggrieved party would apply for a TRO. What they did is to serve the suspension order via an express mode, and connived to let De Lima and Morales to announce that such order is moot and academic.

  7. De Lima has never been correct, She’s not used to follow the order of the court, remember what she did when Gloria tried to travel even with the approval of the Supreme Court.

  8. I beg to disagree with Sen. Pimentel. Lots of times the courts including he
    Supreme Court have been proven wrong. The CA should not have issued their TRO on Binay upon knowing that the suspensionorder of the OPmbudsman had already been served. This is the probolem with our justice system, our judges act on reflexes and not on common sense.

    • When CA decided to grant the request for TRO, the suspension has not been served yet. Take note that it was delivered 3 hours after VP Pena took his oath. Isipin mo naman yung time na kailangan para I-prepare yung decision for TRO, mina magic lang ba ‘yun?

      Malinaw naman na ang request ni Mayor Binay for the TRO ay para pigilan ang suspension. Alanganan naming pag sinabi ng CA na request is granted, ang ibig sabihin noon eh manatiling acting mayor si Pena dahil nakapag oath-taking na siya ng ma-ideliver yung sagaot ng CA.

  9. Kahit kailan talaga itong si delima,kontrabida,masunod lang amo kahit mali ipipilit-!gaga talaga!paano ba ito naging doj!!
    Ano ang silbi ng CA kung hindi susundin,dapat isara at alisin na upang di na gumastos ang gobyerno!binabastos lang ng gagang si delima ang lahat kapag hindi ayun Sa gusto ng amo niya!!noknokan na sipsip,ito ang dapat isamang ikulong