The Court of Appeals decided to stop the Ombudsman from implementing its six-month suspension of Makati Mayor Junjun Binay over corruption allegations.
In response to the suspension order served on Binay, the Court of Appeals Sixth Division issued a five-page temporary restraining order just hours after. It was then the time that the current Makati Vice Mayor Romulo Peña has taken his oath as the acting city mayor.
A P500,000 bond was required to be posted by Binay as indicated in the 60-day TRO. Court of appeals (CA) mentioned in said order that “In view if the seriousness of the issues raised in the petition for certiorari and the possible repercussions on the electorate who will unquestionably be affected by suspension of their elective official, the court resolves to grant petitioner’s prayer for a temporary restraining order for a period of 60 days from notice hereof, conditioned upon the posting by petitioner of a bond in the amount of Php 500,000,”.
It was also stated in the said order that respondents Ombudsman Conchita Carpio-Morales and the DILG were to file upon an inextendible 10 days of receipt of the said order, their comment on the petition for certiorari filed by herein petitioner.
Moreover, the CA cited Rule 58 of the Rules of Court pertaining to the grant of preliminary injunctions adhering to the purpose of ensuring the protection of a party’s substantive rights or interests pending the final judgment in a principal action so as not to render useless the outcome of litigation.
Office of the Ombudsman’s response to the temporary restraining order served on Junjun Binay
As of the moment, the Office of the Ombudsman said that the Office of Legal Affairs will be working out their response and further informed that Ombudsman’s preliminary investigation on the Makati City Hall building II will still go on as planned.
Binay: Happy as Court of appeals was in favor of his request.
As aired live on radio news, a happy Binay appears as CA grants the TRO request simultaneously during her daughter’s graduation. He was joyfully as he could celebrate the said event with his family.
His father, Jejomar Binay, thanked CA for “adhering to the rule of law” following the temporary restraining order it issues against the suspension order on his son through Vice President’s spokesperson, lawyer Rico Quicho.