MANILA, Philippines – The camp of Makati Mayor Jejomar Erwin “Junjun” Binay Jr. thanked Justice Secretary Leila De Lima for saying that her opinion on the temporary restraining order (TRO) issued by the appellate court was only “advisory in nature.”
During a speech at the 2015 District Conference of the Rotary International District 3800 held last March 20, De Lima said that her opinion “does not adjudicate or bind anyone.”
“In the first place, how can the act of rendering an opinion be unconstitutional? It does not purport to adjudicate or bind any one. It is an opinion. It is advisory in nature,” she said.
With this pronouncement from the Justice Secretary, Makati City Councilor Mayeth Casal-Uy said that the Department of the Interior and Local Government (DILG) has no right to assert that the TRO filed by the appellate court in favor of Mayor Binay has no legal effect.
“Nagsalita na po si Secretary De Lima. Nagpapayo lang sya. Yun ay opinyon lamang nya at hindi binabago ang hatol ng hukuman,” Casal-Uy said in a statement.
(Secretary De Lima has spoken. She was only giving an advice. That was only her opinion and it does not change the decision of the court.)
The city councilor said that since De Lima’s opinion merely serves as an advice, the DILG has to abide by the TRO to finally resolve the standoff in the city leadership.
“Nagpapasalamat po kami sa paglilinaw ni Secretary De Lima. Panahon na para itigil na ng DILG ang pagmamatigas nila at sumunod sa hukuman. Para naman po maging ganap na ang katahimikan dito sa Makati,” she said.
(We are thanking Secretary De Lima for her clarification. It is high time for the DILG to abide by the decision of the court so that peace can now be restored here in Makati City.)
De Lima earlier issued a four-page legal opinion based on the request of Interior Secretary Mar Roxas saying that the TRO was already moot and academic, prompting the Binay camp to file contempt raps against her and Ombudsman Conchita Carpio Morales, for allegedly colluding to block the implementation of the TRO.
The standoff for the city leadership has entered its second week with Makati City having two mayors: Mayor Binay and acting Mayor Romulo “Kid” Peña Jr. On Monday, both held their own flag-raising ceremonies witnessed by their supporters.