SC urged to resolve issue on Ombudsman suspension restraint by appellate court

The Supreme Court should now resolve the question on whether the Court of Appeals has the authority to restrain suspension orders issued by the Office of the Ombudsman, two prominent lawyers said.

Former law deans Pacifico Agabin and Amado Valdez stressed the importance of finally deciding whether the Court of Appeals indeed has the authority to restrain the Ombudsman from issuing suspension orders, especially since the election season is nearing.

The most recent case questioning the Court of Appeals’ authority to stop the Ombudsman’s suspension order is that of Makati Mayor Jejomar Erwin “Junjun” Binay.

The Court of Appeals stopped the Ombudsman from implementing the first preventive suspension order against Binay in connection with an investigation on the allegedly overprices Makati City Hall Building.

Ombudsman Conchita Carpio-Morales raised the appeals court’s ruling to the Supreme Court.

“If all pleadings have been submitted for resolution (then the petition may be resolved already). The case must be expedited because the term (of Binay) is expiring,” said Valdez, former law dean at the University of the East.

Agabin, former dean of the University of the Philippines College of Law, also said the high court “can already resolve the case kahit doon sa aspect on the CA’s authority to stop the Ombudsman’s preventive suspension.”