THE Court of Appeals has set a hearing on the contempt cased filed by Makati Mayor Jejomar Erwin “Junjun” Binay against Makati Vice Mayor Romulo “Kid” Peña and Justice Secretary Leila de Lima.
In a resolution made public Thursday, the appeals court cited Section 3, Rule 71 of the Rules of Court as their basis for setting a hearing on the case filed against the two.
Section 3, Rule 71 of the Rules of Court provides that “after a charge in writing has been filed, and an opportunity given to the respondent to comment thereon within such period as may be fixed by the court and to be heard by himself or counsel.”
“Let hearings of the petition for contempt insofar as Secretary of Justice De Lima and Vice Mayor Peña are concerned be set on May 11 and 12, 2015 at 2 p.m. at the en banc session hall,” the appeals court 6th division said.
Both de Lima and Peña have submitted their comments on the contempt case filed against them by Binay.
De Lima was charged with a contempt case for issuing a legal opinion stating that the restraining order issued against the implementation of Binay’s six months suspension is no longer valid after it has been served and an acting mayor was sworn into office.
Peña, meanwhile, was charged with contempt for insisting to continue his duties as acting mayor even with a restraining order issued by the court.
Aside from the two, also facing contempt charges are Ombudsman Conchita Carpio-Morales, Interior and Local Government Secretary Manuel Roxas and several police officials. The appeals court already conducted a hearing on their cases. AC