The Court of Appeals (CA) on Friday dismissed the petition filed by suspended Makati City Mayor Jejomar Erwin “Junjun” Binay, son of Vice-President Jejomar Binay questioning the second preventive suspension order imposed by the Ombudsman for his alleged involvement in rigged bidding for the construction of the
10-storey building at the Makati Science High School.
In a 3-page resolution, the appeals court dismissed the case because it is already moot due to his dismissal from service and perpetual disqualification to hold public office.
“This court takes judicial notice of the foregoing issuance which became the subject of extensive coverage in both print and broadcast media. In light of this supervening event, we opined that whatever relief we grant to petitioner in this case whether we will restrain, enjoin or nullify his preventive suspension, the same will no longer serve any practical value,” the resolution stated.
The appeals court said while Binay’s suspension has not yet prescribed, it was overtaken by the dismissal order from the Office of the Ombudsman.
“Petitioner, having been dismissed from his post as Makati Mayor, will not be able to take it back regardless of how we resolve the validity of his preventve suspension in the present case,” the appeals court said.