Gov’t loses bid to stop hearing on TRO favoring Junjun Binay
The Court of Appeals. FILE PHOTO
THE Court of Appeals Sixth Division denied the government’s move to stop the hearing on the restraining order issued in favor of Makati Mayor Jejomar Erwin “Junjun” Binay, citing judicial courtesy of an existing petition at the Supreme Court.
Assistant Solicitor General Hermes Ocampo said since what is being questioned at the high court is the TRO issued by the CA, if the trial will push through, such proceedings will render moot and academic the case at the high court.
But Binay’s lawyer Claro Certeza pointed out that under Section 7 Rule 65 of the Rules of Court, absence of a TRO “the petition shall not interrupt the course of the principal case…”
The appeals court justices added that they might be administratively charged if they would not proceed in hearing the case.
“I am sure you do not want us to be charged administratively,” Associate Justice Jose Reyes Jr. said during the hearing.
He pointed out that “judicial courtesy” should be exercised with caution “so that justice will be served.”
“It is the ruling of this court to proceed with the hearing,” the appeals court said.
In her petition with the high court, Ombudsman Conchita Carpio-Morales said the appeals court committed grave abuse of discretion in issuing the restraining order. AC
BACKSTORY: Ombudsman asks SC to nullify CA TRO on Binay suspension
