SUSPENDED Makati Mayor Jejomar Erwin “Junjun” Binay Jr. may still pursue his reelection bid and file his certificate of candidacy (COC) this week despite an order from the Office of the Ombudsman perpetually disqualifying him from holding public office, according to election law experts.
Former Commission on Elections Chair Sixto Brillantes Jr. said that Binay could still file a motion for reconsideration with the Ombudsman. Should that fail as well, Binay may elevate his case to the Court of Appeals to seek a temporary restraining order.
“If, for example, the Court of Appeals sustains his dismissal, Binay can still elevate the case to the Supreme Court,” Brillantes told reporters.
In the meantime, he said Binay may still file his COC between today (Monday) and Friday.
“If he (Binay) files his COC this week, that’s still okay. The Comelec will receive it [or] they can refuse it,” Brillantes added.
According to him, although the Ombudsman’s dismissal was “immediately executory,” it could not be enforced right away because Binay was still serving a six-month suspension over a separate case involving alleged irregularities in the construction of the Makati City Science High School building.
“The dismissal can’t be implemented yet. No one can be removed because he remains suspended until now. Once the suspension period ends, only then can he be dismissed,” Brillantes said.
The preventive suspension was issued last July and would end in January. Currently serving as acting Makati mayor is Vice Mayor Romulo “Kid” Peña.
Former University of the East law dean Amado Valdez, former University of the Philippines law dean Pacifico Agabin and election lawyer Romulo Macalintal also agreed that the dismissal order, though immediately executory, was not yet final and may still be subject to judicial review before implementation.
“[Junjun Binay] can file his COC and argue that the decision is not yet final,” Valdez said.
Agabin said the same thing in a text message to the Inquirer: “Yes, he can file his COC if he appeals the Ombudsman order.”
“We have a lot of cases where a candidate under custody… or in jail was allowed to file a COC and won the elections. He could file a motion for reconsideration and appeal to Court of Appeals if denied,” Macalintal said.