Ombudsman Morales maintains legality of suspension order vs. Mayor Binay

(Updated July 1, 8:46 a.m.) Ombudsman Conchita Carpio-Morales on Tuesday maintained that the issuance of suspension order against Makati Mayor Junjun Binay and 14 other officials of the city government was in accordance with the law and not due to any political pressure from the administration as alleged by Binay’s camp.

"The Office of the Ombudsman is independent and performs its mandate according to law and the evidence," Morales said in a statement. "It will never succumb to any perceived pressure or be blinded or deafened by political grandstanding."

Binay, in a petition filed before the Court of Appeals on Tuesday morning, sought the issuance of a temporary restraining order against the implementation on his six-month preventive suspension.

Binay, son of Vice President Jejomar Binay, and the other respondents are facing graft and other administrative and criminal complaints in connection with the alleged irregularities in the construction of a 10-storey building in Makati Science High School.

Mayor Binay said the Ombudsman committed “grave abuse of discretion” in the issuance of the order as he should not be included in the complaints as the construction of the controversial bidding happened before he was elected as Makati mayor in 2010.

But Morales maintained that she ordered the suspension of Binay and 14 other officials of Makati government based on evidence gathered by Ombudsman investigators.

“When the Office of the Ombudsman, in accordance with its Constitutional mandate, finds compelling grounds to issue a preventive suspension order, it will do so,” she said.

Binay, in a speech inside the Makati City Hall on Monday afternoon, said the Ombudsman is being used by the administration as conduit in the alleged political harassment against his family, especially as his father has been open about his plan to run for president in 2016.

Morales, however, maintained that her office is just acting in accordance with the Ombudman’s mandate.

Based on Republic Act No. 6770 or the Ombudsman Act of 1989, the Ombudsman or his Deputy "may preventively suspend any officer or employee under his authority pending investigation, if in his judgement the evidence of guilt is strong and if the charge against such officer or employee involves dishonesty, oppression or grave misconduct or neglect of performance or duty.”

“Preventive suspension is not punitive as it is preventive in nature meant to protect the integrity of the investigation process. Public interest requires that those in positions of power and authority do not have the opportunity to tamper with public documents and harass witnesses to frustrate the ends of justice,” Morales said.

Morales also issued a stern warning against Binay that her office “will not tolerate” his continued defiance of the suspension order.

“It will not tolerate open defiance of constitutional processes or calls for mob rule.  This is about the right of the Filipino people to hold their public servants to the highest bar of accountability and to bring them before the bar of justice if they are accused of betraying the public trust,” Morales said.

Earlier, Justice Secretary Leila de Lima said Mayor Binay can expect fresh charges to be filed against him for defying the latest preventive suspension order against him.
 
De Lima said direct assault and obstruction of justice charges would also be filed against supporters of the Binay family who were seen attacking and hurling chairs at policemen securing the city hall.

At least five civilians and three policemen were hurt in the incident. —Elizabeth Marcelo/KBK/LBG, GMA News