CA denies motion to suspend hearings on Binay TRO

BOODLE FIGHT WITH THE BINAYS Makati residents shared a meal with Vice President Jejomar Binay and son Makati Mayor Jejomar Erwin Binay Jr. on the City Hall quadrangle on Sunday night. The Vice President visited his son and his supporters who have remained on the grounds of City Hall following the refusal of the Department of the Interior and Local Government to recognize the temporary restraining order issued by the Court of Appeals on the Ombudsman’s suspension order on the mayor. CONTRIBUTED PHOTO

The Court of Appeals (CA) yesterday denied the motion filed by government lawyers to suspend the proceedings on Makati City Mayor  Jejomar Erwin “Junjun” Binay Jr.’s application for a writ of preliminary injunction to stop the implementation of his six-month preventive suspension.

The writ of preliminary injunction, if granted, would extend, until the case is resolved, the 60-day temporary restraining order (TRO) earlier obtained by Binay from the appeals court.

Government lawyers led by Deputy Ombudsman for Luzon Gerard Mosquera urged the appellate court’s Sixth Division to suspend the proceedings out of “judicial courtesy,” citing the case filed by Ombudsman Conchita Carpio Morales in the Supreme Court.

The Sixth Division chair, Justice Jose Reyes Jr., and the division members, Justices Francisco Acosta and Eduardo Peralta Jr., ruled that since the Supreme Court had not issued a TRO for Morales’ suit against the appellate court’s TRO on the Ombudsman’s suspension of Binay,  the appeals tribunal must comply with Section 7, Rule 65 of the Rules of Court, by proceeding with the case, lest they be charged administratively.

The justices disagreed with Mosquera’s contention that the Supreme Court suit would be rendered moot if the appeals tribunal proceeded with its hearings.

Reyes said judicial courtesy should be balanced with court rules providing for expedited hearings regarding preliminary injunctions as well as the interest of substantial justice.

The division heard arguments from the government side, presented by Mosquera and Senior State Solicitor Raymond Rigodon, and from Binay’s legal team, headed by lawyer Claro Certeza.

Binay earlier filed a petition for certiorari in the appeals court accusing the Ombudsman of grave abuse of discretion in initiating a corruption investigation against him.

The appeals court issued a TRO but the Ombudsman and the Department of the Interior and Local Government refused to recognize the TRO, saying it was moot because the Ombudsman’s order had been served hours before and Vice Mayor Romulo “Kid” Peña Jr. had been sworn in as acting mayor on March 16.

Binay and Peña both claim that they are in charge of Makati, with the former holding office on the 21st floor of City Hall and the latter staying at the old City Hall building nearby. Binay has not left his office since the second week of the month.