Heed CA injunction on Binay, De Lima tells Peña

The preliminary injunction that the Court of Appeals (CA) issued on Monday to stop the suspension of Makati Mayor Jejomar Erwin “Junjun” Binay Jr. must be followed, Justice Secretary Leila de Lima said on Friday.

De Lima made the remarks when asked about the insistence of Makati Vice Mayor Romulo “Kid” Peña to keep his post as acting mayor despite the appellate court’s order.

“Strictly speaking, we have to follow [the injunction], until the Supreme Court hears the petition of the Ombudsman,” said De Lima.

She was referring to Ombudsman Conchita Carpio-Morales’ petition pending before the high court, which sought to stop the CA’s proceedings on Binay’s plea to stop his suspension. The petition is up for oral arguments at the Supreme Court on Tuesday.

Clarifying injunction

Peña was sworn in as acting Makati mayor on March 16, just hours before the CA issued a temporary restraining order (TRO) to put on hold Binay’s six-month preventive suspension. The Ombudsman had issued the suspension order while investigating the alleged overpricing of the Makati City Hall Building 2.

Government officials, including De Lima, then asserted that the TRO was already moot as Binay’s suspension was already served and Peña had already taken his oath.

But on Monday, the CA issued a preliminary injunction, which holds Binay’s suspension in abeyance until it has resolved whether or not to permanently stop it through a certiorari grant.

De Lima earlier acknowledged the injunction. But Peña has insisted to keep his post, saying he would await the resolution of the Ombudsman’s petition at the Supreme Court.

The Justice chief reiterated her position on Friday, saying the latest CA issuance clarified the court’s intent where the TRO was not.

“The Court of Appeals clarified the scope of the injunction, which was what was lacking in the TRO. The TRO did not say who or what specific acts were being restrained. But I think that this injunction more or less addressed this,” De Lima said.