CA submits for resolution Junjun Binay bid to junk 2nd suspension

The Court of Appeals (CA) has granted the request of suspended Makati City Mayor Jejomar Erwin “Junjun” Binay for the immediate resolution of his petition which sought to nullify the second preventive suspension order imposed against him by the Office of the Ombudsman.

In a two-page document dated Sept. 3, the appeals court’s special ninth division submitted for resolution the petition after Binay failed to reply on the comment submitted by the Department of Interior and Local Government.

The appeals court added that all parties, including respondent Office of the Ombudsman, also failed to submit their memoranda.

“[I]n the resolution of Aug. 11, the parties were directed to simultaneously file their respective memoranda within five days from receipt, otherwise the case shall be deemed submitted for resolution with or without said memoranda … the parties are deemed to have waived their right to file said pleadings; accordingly, this case is deemed submitted for decision,” the appeals court said.

Binay filed a three-page manifestation last July 23 asking the appeals court to  resolve his prayer for issuance of a temporary restraining order (TRO) and writ of preliminary injunction (WPI) on his preventive suspension.

While no restraining order has been issued, the appeals court has submitted the case and is set to rule on the merits.

Mayor Binay was slapped with a second preventive suspension order in connection with his alleged involvement in the anomalies surrounding the construction of the 10-story Makati Science High School building.

The resolution is written by Associate Justice Melchor Sadang and concurred in by Associate Justices Amy Lazaro-Javier and Rodil Zalameda.

Binay also has a pending petition with the appeals court sixth division regarding his first preventive suspension which is stopped by the court. Tetch Torres-Tupas/RC