CA TRO on Binay suspension has no legal effect, says De Lima
MANILA, Philippines—Justice Secretary Leila de Lima has said the temporary restraining order (TRO) issued by the Court of Appeals (CA) against the implementation of the six-month suspension order on Makati Mayor Jejomar Erwin “Junjun” Binay had no legal effect because it was already moot and academic.
In her four-page legal opinion, De Lima said Makati Vice Mayor Romulo “Kid” Peña could continue as acting mayor because he was not covered by the 60-day restraining order by the Court of Appeals.
Justice Secretary Leila de Lima. INQUIRER FILE PHOTO
De Lima issued the legal opinion upon the request of Interior and Local Government Secretary Mar Roxas.
De Lima explained that the suspension order by the Ombudsman was implemented on March 16 at 8:24 a.m. by posting a copy of the order at the entrance of the Makati City Hall. Also, the Ombudsman notice was personally served at 9:47 a.m. on the same date followed by Peña taking his oath as acting mayor.
Then, the Court of Appeals TRO was received by the Department of Interior and Local Government (DILG) at 3:09 p.m.
“We are of the opinion that the temporary restraining order of the Court of Appeals is without legal force and effect because it is already moot and academic, the acts sought to be restrained having already been performed and accomplished,” De Lima said.
“The TRO issued by the CA is a temporary injunction, not a preliminary mandatory injunction. As such, it cannot apply to acts already accomplished such as the issuance of the Ombudsman joint order and its implementation by the DILG,” she added.
She pointed out that it had been an established principle that when the event sought to be prevented by the injunction had already happened, “nothing more could be done.”
“There is no longer any act that the Ombudsman or the DILG can restrain themselves from performing, all acts with regard to the implementation of the joint order already having been accomplished. There can therefore be no violation of the TRO, since the acts it sought to restrain have already been performed before the TRO,” she said.
With regard to Peña, De Lima said he could continue his duties as acting mayor since he was not part of the petition filed at the appeals court nor he was covered by the restraining order it issued.
“It is also our considered opinion that Vice Mayor Peña, having taken his oath as acting mayor of Makati, may continue to dispense the duties and exercise the powers of said office without being bound by the CA’s TRO since he is not included as a party respondent in said case,” De Lima said.
