DILG wrong on Binay suspension, must honor CAs’ TRO—legal expert

By: Jerome Aning - 10 years ago

Mayor Jejomar Erwin “Junjun” Binay INQUIRER FILE PHOTO

MANILA, Philippines — The Department of Interior and Local Government erred in saying that Makati City Mayor Jejomar Erwin Binay Jr. remained suspended because the temporary restraining order issued by the Court of Appeals was already moot and academic, a legal expert said on Tuesday.

“DILG is wrong. Binay cannot remain suspended, not after the Court of Appeals has issued a TRO. Whether or not the suspension order has been served, whether or not the Vice-Mayor has been sworn in as Acting Mayor—all this is immaterial. What the TRO stays is not the service of the suspension order nor the swearing in of the Vice-Mayor, but rather the suspension itself,” said Fr. Ranhilio Aquino, dean of the San Beda College Graduate School of Law, in a statement.

Aquino said the TRO issued by the appellate court in effect “return[ed] things to their last non-contested state.”

“[S]ince the contested state is the suspension, the last non-contested state is the state before suspension. That should be as clear as daylight,” he added.

Aquino, a critic of the administration of President Aquino, scored Malacanang’s apparent decision to defy the TRO.

“But of course, this administration has repeatedly shown very little regard for judicial orders. Remember how [Justice Secretary] Leila de Lima instructed immigration officials to disregard the Supreme Court’s TRO against her watchlist orders,” the dean said.

The dean was referring to government’s defiance of the TRO issued in 2011 by the high court in favor of former President Gloria Macapagal-Arroyo, who had wanted to leave the country to seek medical treatment of her spine ailment.