Associate Justice Enrico Lanzanas of the CA 13th Division issued the 60-day TRO stopping Executive Secretary Eduardo Ermita and the DILG from implementing the suspension of Mercado. The CA also ordered Mercado to post a bond of P200,000 within five days.
Former vice mayor Roberto Brillante filed a graft complaint with the DILG against Makati Mayor Jejomar Binay, Mercado and 16 city councilors for allegedly maintaining over 1,000 "ghost" employees in the local government’s payroll.
The DILG later ordered the 60-day suspension of Binay and the other city officials. Binay, however, asked the appellate court to issue a TRO, which the court later granted. The TRO did not cover Mercado and the 16 councilors.
The ruling of the CA ended a two-day standoff at the Makati City Hall and prevented a violent confrontation between supporters of Binay and the police.
In the latest TRO, the CA also gave Ermita, the DILG and Brillante ten days to file their comment.
Meanwhile, embattled Mayor Binay may have evaded the suspension order issued recently by the interior department over accusations of maintaining "ghost" employees, but the Sandiganbayan is expected to issue a ruling on Monday whether the mayor can be arrested or not for a separate graft case.
Justice Godofredo Legaspi of the Sandiganbayan Third Division, in whose sala the graft charges against Binay were raffled off early yesterday afternoon, said he will determine if there is merit in the charges filed against the mayor.
Brillante filed the graft charges that stemmed from the alleged procurement of overpriced furniture for the Makati City Hall.
Legaspi said he will assess the complaint as well as the documentary evidence Brillante submitted, and he will most probably have a ruling by Monday.
"If there is probable cause, then we will issue a warrant of arrest. If there is none, then we will dismiss the case," Legaspi told reporters who attended the raffle, where Presiding Justice Teresita Leonardo de Castro and Justice Edilberto Sandoval were also present.
Binay and his wife Dr. Elenita Binay, who also served as mayor for one term, were accused by Brillante of the alleged procurement of overpriced furniture and fixtures worth P110 million from 1999 to 2001. Elenita was the incumbent mayor when the alleged anomalous purchases were made.
Elenita’s four graft cases were separately raffled off to each of the four remaining Sandiganbayan divisions while Mayor Binay’s case will be handled by the third division.
Brillante, who also attended the proceedings, said they will seek the consolidation of the five graft cases filed against the Binay couple.
He filed the charges against the Binays at the Ombudsman in 2003. The Ombudsman filed the complaint before the Sandiganbayan in late September.
Meanwhile, Assistant Ombudsman Mark Jalandoni denied the indictment of the Binay couple was politically motivated.
"There’s no politics behind the filing of the complaint against Mayor Binay. The case was filed many years ago. It was already up for resolution when we took over."
Binay’s wife was the mayor when the alleged questionable purchases of furniture took place.
Her husband Mayor Binay allegedly continued the anomalous transactions when he took over in 2001.
Aside from the Binays, also charged were former Makati City councilor Salvador Pangilinan, city administrator Nicanor Santiago, Jr., former city treasurer Luz Yamane and general services department chief Ernesto Aspillaga, Li Yee Shing, Jason Li, and Vivian Edurise, all corporate officers of the Office Gallery International Inc.; Beda Aquino, chief executive officer and Bernadette Aquino, corporate officer of Asia Concept International Inc., and several John and Jane Does.