MANILA, Philippines - The Court of Appeals (CA) yesterday ordered two Cabinet secretaries and the Ombudsman to answer the contempt charges filed against them by Makati Mayor Jejomar Erwin “Junjun” Binay Jr.
In a two-page resolution, the CA’s Sixth Division directed Interior Secretary Manuel Roxas II, Justice Secretary Leila de Lima and Ombudsman Conchita Carpio-Morales to explain their alleged defiance of its temporary restraining order (TRO) stopping the mayor’s preventive suspension.
The officials were given a non-extendible period of three days from notice to comply with the order.
The CA also set hearings on Binay’s contempt petition against the officials on March 30 and 31 at 3 p.m.
Associate Justice Jose Reyes Jr. penned the latest order, to which Associate Justices Francisco Acosta and Eduardo Peralta Jr. concurred.
Binay filed earlier this week petition for contempt, which was initially raffled to the 13th division of the CA. But since it was an offshoot of the TRO, it was transferred to the sixth division and consolidated with the original petition of Binay questioning the six-month suspension order imposed on him by the Ombudsman.
Binay has impleaded Morales and De Lima in the contempt petition after they issued identical opinions that the TRO was moot and academic since it was issued three hours after the suspension was served and Vice Mayor Kid Peña took his oath as acting mayor.
Also impleaded in the contempt petition were Department of the Interior and Local Government (DILG) National Capital Region director Renato Brion, National Capital Region Police Office chief Director Carmelo Valmoria, Southern Police District director Chief Superintendent Henry Ranola and Special Action Force ground commander Senior Superintendent Elmer Jamias.
Binay told the court that despite the issuance of the TRO last Monday, the police — upon the orders of the DILG and instructions from Valmoria and Jamias — continued to barricade the entrance of the Makati City Hall Building I for the purpose of implementing the suspension order.
He argued that when the CA issued the TRO, the intention was to maintain the status quo at the time of filing of the petition and not at the time the TRO was issued.
He also questioned the pronouncement of the DILG that it would seek the legal opinion of Justice Secretary Leila de Lima on the issue because of the conflicting orders — referring to the ombudsman’s suspension order and the TRO — was tantamount to violation of the constitutional doctrine of separation of powers.
His father, Vice President Jejomar Binay Jr., said the government officials named in his son’s petition, “in a stubborn display of political arrogance, are brazenly ignoring the lawful court order.”
The elder Binay made the statement at the 15th national convention of the Integrated Bar of the Philippines in Cebu City yesterday.
Vice mayor faces charges
Meanwhile, Binay’s lawyers threatened to slap usurpation of authority charges on Peña for issuing a memorandum yesterday to all city councilors, department heads and division chiefs informing them that he will discharge his functions as acting mayor.
“If he signs it as acting mayor, it will be illegal and… in violation of the court order,” Patricia Alvarez, one of Binay’s lawyers, said.
She said she and her client’s other lawyers will “take the necessary action” should there be delays in the release of the city government employees’ salaries arising from the DILG letter appointing Peña as the authorized signatory in bank transactions.
‘Abide by suspension’
Peña, on the other hand, told The STAR he is willing to sit down with Binay to settle the leadership row.
“Junjun will always be my friend… I am trying to have an audience with him to tell him to abide by the suspension. It is just a six-month suspension. I hope he will rest for a while, respect the suspension order and allow me to serve freely as acting mayor,” he said.
Peña has chosen to hold office in a small room that was part of the disposal section of the old city hall building.
He said he will immediately vacate his post as acting mayor if the CA declares that Binay is still the mayor of Makati. – With Mike Frialde, Jose Rodel Clapano, Helen Flores