MANILA, Philippines - The Court of Appeals (CA) failed to immediately resolve a petition by Makati Mayor Jejomar Erwin “Junjun” Binay Jr. questioning his second suspension by the Ombudsman office in connection with the allegedly overpriced construction of the Makati Science High School Building (MSHSB).
The CA’s Special 9th Division cast a 2-1 split vote on the case, prompting the creation of a special panel of five to resolve the case.
CA rules require a unanimous decision by a regular division to resolve a case. In cases of a split vote, a division of five is created to resolve the same case based on majority vote.
The three original members of the division are Associate Justice Melchor Sadang, Amy Lazaro-Javier and Rodil Zalameda.
An insider bared that Associate Justices Franchito Diamante and Socorro Inting were reportedly assigned to the case.
It was learned, however, Diamante is expected to inhibit from the case because he is a member of the internal committee of the CA tasked to probe the bribery allegations of Sen. Antonio Trillanes against two fellow justices who handled the first preventive suspension order of the Office of the Ombudsman against Binay.
Three magistrates have earlier inhibited from the case – Associate Justices Celia Librea-Leagogo, Priscilla Baltazar-Padilla and Ramon Paul Hernando.
In his petition, Binay asked the CA to once more issue a temporary restraining order (TRO) and writ of preliminary injunction (WPI) on his preventive suspension.
He again invoked the doctrine of condonation, saying the alleged illegal acts pertaining to the seven-phase MSHSB project were committed when he was not yet the city mayor.
The CA’s Sixth Division earlier issued a TRO and WPI enjoining the ombudsman from implementing a similar six-month suspension order against Binay in connection with the alleged anomaly in the City Hall Building 2.
That case was elevated to the Supreme Court for review and two of the three justices were accused of receiving bribe money from Binay.