Junjun Binay may be kept from running in 2016, Comelec chair says

(Updated 7:36 a.m., October 13) Junjun Binay might not be able to run in the 2016 elections if he fails to secure a temporary restraining order on the Ombudsman's ruling dismissing him as mayor of Makati City and perpetually disqualifying him from holding public office, Commission on Elections Chairman Andres Bautista said on Monday.

 

“That is a possibility,” Bautista said when asked about Binay being kept from running in next year's elections if he fails to secure a TRO from the courts.

 

The Ombudsman on Friday afternoon ordered the dismissal and perpetual disqualification of Binay in connection with the administrative charges related to the alleged overpricing in the construction of the Makati City Hall Building II.

 

Junjun Binay was a councilor during the mayoralty of his father, Vice President Jejomar Binay, when the alleged overpriced building was constructed.

 

GMA News Online was still trying to get his camp's comment as of posting time.

 

Earlier, Junjun Binay said he was still going to file his COC and seek re-election as Makati mayor.

 

"Sa ngayon wala pong dahilan para hindi ako mag-file ng aking COC dahil malinaw naman po na hindi naman po final judgment ang ni-render ng Ombudsman,” Junjun Binay said.

 

Bautista said that filing a COC does not make a political aspirant an official candidate for the 2016 polls.

 

The final list of names to be printed on ballots will be released on December 10 after the Comelec has weeded out nuisance candidates. 

 

'Binay can run'

 

Former Comelec chairman Sixto Brillantes and other law experts have said that the younger Binay can seek reelection and file his COC despite the Ombudsman's dismissal order.

 

Aside from Brillantes, former University of the East Law dean Amado Valdez, election lawyer Romulo Macalintal and former University of the Philippines Law dean Pacifico Agabin agreed that Ombudsman Conchita Carpio-Morales' decision—though immediately executory—is still not yet final and can be appealed.

 

Brillantes said Binay could still file a motion for reconsideration with the Ombudsman, and if it fails, the suspended mayor can go to the Court of Appeals and ultimately to the Supreme Court.