Junjun Binay can still file COC – Brillantes, Macalintal

ELECTION law experts believe that suspended Makati Mayor Jejomar Erwin “Junjun” Binay can still file his certificate of candidacy this week despite an Ombudsman order “perpetually disqualifying” him from holding public office.

Former Commission on Elections (Comelec) chairman Sixto Brillantes and veteran election lawyer Romulo Macalintal said that while Ombudsman Conchita Carpio-Morales’ decision is immediately executory, the ruling is still not yet final and could be subject to judicial review before it could be implemented.

Both Brillantes and Macalintal said Binay could still file a motion for reconsideration with the Ombudsman.

If it fails, Binay could go to the Court of Appeals and eventually the Supreme Court.

“He could still file a motion for reconsideration and appeal to the Court of Appeals if MR is denied,” Macalintal said.

“While the decision is immediately executory, it was merely to prevent the respondent from using his position or prevent tampering of records and similar act which might prejudice the case,” Macalintal said.

He added that there are many cases where a candidate under custody of law were allowed to file COC and won the elections,” he added.

Binay is currently under preventive suspension over his alleged involvement in the rigging of the bidding for the construction of the 10-story Makati Science High School building. The suspension will end on January next year

Recently, the Ombudsman issued a decision dismissing him from service and perpetually disqualifying him from holding public office over the allegedly anomalous construction of the P2.28-billion Makati City Hall Building II.

Brillantes said though “immediately executory,” the Ombudsman’s dismissal cannot be enforced yet because Binay is still serving a six-month suspension over a separate case involving alleged irregularities in the construction of the Makati City Science High School.

“Hindi pa puwede i-implement iyong dismissal. Wala pa namang aalisin kasi suspended pa siya hanggang ngayon. Kapag naubos na ang suspension, doon pa lang siya puwedeng i-dismiss,” said Brillantes.

“Kaya kapag nag-file siya ng COC this week, okay lang iyon. Tatanggapin iyon ng Comelec. Hindi nila puwede tanggihan iyon,” he said.