CA orders Ombudsman, de Lima, Roxas et al to answer Binay contempt case

MANILA, Philippines—The Court of Appeals’ Sixth Division ordered Ombudsman Conchita Carpio-Morales, Justice Secretary Leila de Lima, Interior and Local Secretary  Manuel “Mar” Roxas II and several others to comment on the contempt case filed by Makati Mayor Jejomar Erwin “Junjun” Binay.

In a two-page resolution, the appeals court gave respondents three days to submit their comment.

The appeals court, through Associate  Justice Jose Reyes Jr., also set a hearing on March 30 and 31.

Aside from Carpio-Morales, de Lima and Roxas, the Binay camp also asked the appeals court to cite in contempt Renato Brion, DILG-NCR Director; Carmelo Valmoria, Director of the Philippine National Police-National Capital Region Police Office (PNP-NCRPO); Henry Ranola, Director of the Southern Police District; Senior Superintendent Elmer Jamias and Makati Vice Mayor Romulo “Kid” Peña.

Binay, in his petition/amended petition and supplemental petition for contempt accused the said officials of defying the 60-day restraining order issued by the appeals court.

The appeals court issued a 60-day TRO against the implementation of the six-month suspension order imposed by the Ombudsman against Binay in connection with the allegedly overpriced Makati Parking Building.

“In the face of the persistent and wanton refusal of Respondents to honor and comply with the lawful order of this Honorable Court, there is therefore an urgent need to cite Respondents for indirect contempt and immediately met out the appropriate punishment on them until they shall have complied with the TRO,” the petition read.

Binay said the continued refusal to obey the restraining order “is a clear defiance of this Honorable Court’s authority and dignity and tends to bring the administration of justice into disrespect.”

“Such action should not be countenanced by this Honorable court,” the petition stated.

But despite the issuance of the TRO, policemen still appeared and barricaded the Makati City Hall.

Roxas argued that the restraining order is already moot since Peña already took his oath of office.

Both de Lima and Carpio-Morales have also issued an opinion saying the restraining order is already moot and academic.

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