CA ends hearing on contempt cases filed by Binay
Makati Mayor Jejomar Erwin “Junjun” Binay. INQUIRER FILE PHOTO/RAFFY LERMA
MANILA, Philippines–The Court of Appeals (CA) on Monday concluded oral arguments on the contempt cases filed by Makati City Mayor Jejomar Erwin “Junjun” Binay Jr. against government officials who allegedly defied the tribunal’s temporary restraining order (TRO) against his preventive suspension.
The CA’s Sixth Division deemed the case submitted for resolution after hearing the sides of Justice Secretary Leila de Lima and Vice Mayor Romulo “Kid” Peña Jr., whom Binay included in the suit.
De Lima’s private counsel, Josef Leroi Garcia, defended her issuance of the legal opinion that the Department of the Interior and Local Government (DILG) cited for defying the TRO and swearing in Peña as acting mayor.
As justice secretary, De Lima has the obligation to render legal advice and opinions to government agencies which are in need of legal guidance, Garcia said.
He said De Lima was “incapable” of defying the TRO because she was not party to the case.
The contempt case stemmed from the certiorari suit filed by Binay questioning the six-month preventive suspension imposed on him by the Ombudsman, which was investigating him for alleged corruption regarding the supposed overpricing of the Makati City Hall Building II.
On March 26, Binay secured a TRO from the Court of Appeals but this was not honored by the DILG, which proceeded to swear in Peña as acting mayor. The Ombudsman elevated the appeals tribunal’s decision to the Supreme Court, which conducted oral arguments on the matter last month.
Peña’s lawyer, Manuel Joseph Bretana III, said his client was not given a copy of the TRO and was acting in good faith.
But Binay’s lawyer, Claro Certeza, said De Lima’s and Peña’s insistence that he should stay on as acting mayor resulted in confusion. This, he added, showed that De Lima and Peña openly and publicly defied the TRO.
Binay does not begrudge De Lima for issuing the legal opinions but it would be “highly improper and inappropriate” if she does so in violation of the sub judice rule, Certeza said. He said De Lima should have declined to render an opinion “to prevent conflict with the judiciary.”
Binay included Ombudsman Conchita Carpio Morales, Interior Secretary Mar Roxas, the DILG regional director and police officials in the contempt case.
