SC to hear Ombudsman petition vs CA in Binay case
‘Erroneous remedy’
On Monday, the Binay camp filed an opposition to the Ombudsman’s petition in the high court, arguing that Morales’ petition was the “erroneous remedy,” as the Court of Appeals has yet to rule on the Binay petition.
The Binay camp said the Ombudsman’s recourse to the high court was tantamount to “forum shopping” and was “fatally defective” for failure to first file a motion for reconsideration to the appellate court’s TRO resolution.
“In the guise of assailing the jurisdiction of public respondent, what petitioner truly seeks is a confirmation from the Honorable Court that she correctly issued the preventive suspension order against private respondent so as to invalidate the TRO issued by public respondent, which she refuses to obey,” the Binay motion said.
The Philippine National Police said it was continuing to maintain a presence at the Makati City Hall to keep the peace between the followers of Binay and Peña.
“Knowing that the situation is very tense, the PNP’s mandate is to keep the peace between the two camps. The PNP is in the area for peacekeeping, nothing else,” Chief Supt. Generoso Cerbo Jr., the PNP spokesperson, told a press briefing at Camp Crame on Tuesday.
Article continues after this advertisementCerbo said the PNP’s task at Makati City Hall was to enforce the law and prevent acts of violence from the two opposing camps.
Article continues after this advertisement“The legal issues involving the Ombudsman and the Court of Appeals on who is mayor, we are out of that,” he said.
“On our part, we enforce the law, maintain peace and order and ensure public safety. The PNP will remain at City Hall for peacekeeping, that’s it,” Cerbo said.
He said the local police may seek guidance as needed from the PNP hierarchy command on the political situation in Makati.
The Makati police is under the jurisdiction of the Southern Police District, which is under the National Capital Regional Police Office. With a report from Julie M. Aurelio
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