Another justice named to Binay suspension suit

A new justice has been named to the Court of Appeals Special Ninth Division which is hearing suspended Makati Mayor Jejomar Erwin “Junjun” Binay Jr.’s plea to stop the second six-month suspension imposed on him by the Ombudsman.

Justice Romeo Barza replaced Justice Franchito Diamente, who inhibited himself from the case citing his membership in the Court of Appeals internal committee investigating the allegations of corruption made by Sen. Antonio Trillanes IV against two justices from another division who had allegedly taken bribes to block the first suspension order imposed by the Ombudsman on Binay.

The second suspension case—pertaining to alleged irregularities in the construction of the Makati Science High School building—had ended up in the Ninth Division after a raffle.

The division chair, Justice Celia Librea-Leagogo, however, inhibited herself from the case in July. Her replacement, Justice Priscilla Baltazar-Padilla, also recused herself. Division member Justice Ramon Hernando also inhibited himself and was replaced by Justice Rodil Zalamea.

Due to the lack of unanimity in its decisions, the three-member division was expanded to a five-member special division, in accordance with the court’s internal rules. Diamante and Justice Socorro Inting were drawn in a special raffle as the two additional members.

The other members of the special division are Justices Amy Lazaro-Javier, the acting chair, and Melchor Sadang, the “ponente” or writer of the main opinion of the case.

The Ninth Division did not grant Binay’s plea for a temporary restraining order, forcing the mayor to vacate his post in July.