De Lima recognizes CA TRO on Binay suspension

JUSTICE Secretary Leila de Lima has recognized the decision of the Court of Appeals on the writ of preliminary injunction issued against the suspension of Makati Mayor Jejomar Erwin “Junjun” Binay.

On Monday, the Court of Appeals granted the writ of preliminary injunction against Binay’s suspension.

The appeals court also ordered the Office of the Ombudsman and the Department of the Interior and Local Government (DILG) to respect their decision and observe a status prior to the issuance of the six months suspension against Binay.

“The resolution of the CA issuing the writ of preliminary injunction clarifies the intent of the earlier TRO on the acts that were subject to restraint,” de Lima said in a text message to reporters.

The Ombudsman and the DILG defied the appeals court restraining order, saying it was already moot and academic because the suspension order has been served and an acting mayor already took his oath. De Lima herself, issued a legal opinion echoing the stand of the Ombudsman that it was already moot and academic.

With the appeals court saying the restraining order will preserve the status quo which was before the suspension order was issued, de Lima said “with the writ of injunction issued being clearer on the status quo sought to be preserved the intent of the CA is less open to any further interpretation.”

“As stated by the Ombudsman, the remedy now is to appeal the issuance of the writ to the Supreme Court. I think this is now the proper procedure in questioning the injunction. In the meantime, the party respondents are bound by the CA resolution,” de Lima said.