De Lima admits govt now bound by TRO vs. Binay suspension

Following a clarification from the Court of Appeals, Justice Secretary Leila de Lima on Tuesday admitted that the government has to honor for now the restraining order against the suspension of Makati Mayor Junjun Binay.

De Lima said the writ of injunction issued by the CA on Monday made the controversial temporary restraining order (TRO) against Binay's suspension "less open to any further interpretation."

"The resolution of the CA issuing the writ of preliminary injunction clarifies the intent of the earlier TRO on the acts that were subject to restraint," De Lima said. "With the writ of injunction issued being clearer on the status quo sought to be preserved, the intent of the CA is less open to any further interpretation."

Parties in the preventive suspension in the last few weeks have been clashing over their differing interpretation of the March 16 TRO stopping the Ombudsman from suspending Binay over corruption allegations.

Binay, son of Vice President Jejomar Binay, had claimed that the TRO effectively stopped the implementation of the suspension order, while the Ombudsman and the Department of Interior and Local Government, which served the suspension order, insisted the TRO was moot and academic as it was issued too late.

De Lima eventually joined in and issued a legal opinion, upon DILG Secretary Mar Roxas' request, that the TRO indeed had no legal force and effect.

It was these various interpretations which De Lima believed prompted the CA to issue a clarification via the writ of preliminary injunction, "given the intervening events which affected [the TRO's] effectivity."

De Lima, however, said the Ombudsman still has the option to appeal the matter before the Supreme Court, which the Ombudsman did last week.

"I think this is now the proper procedure in questioning the injunction. In the meantime, the party respondents are bound by the CA Resolution," said De Lima.

The writ of injunction effectively and indefinitely extended the earlier 60-day TRO against the Ombudsman joint order preventively suspending Binay and 15 other Makati City officers for six months over alleged overpricing in the construction of the Makati City Hall Building II.

Before the writ could be effective, the CA, however, ordered Binay to first post a bond of P500,000, "which may answer for whatever damages which may be sustained by reason of this preliminary injunction in the event that it is finally decided that petitioner is not entitled thereto."

Still no comment from Peña 

Sought for comment as regards the TRO, Vice Mayor Romulo "Kid" Peña told GMA News that he would have to consult the DILG and the Ombudsman before he could issue any.

A report on "24 Oras" said Peña, who was designated acting mayor after the Ombudsman suspended Binay,  didn't show up at the old city hall where he held office as acting local chief executive. He also didn't attend the meeting of the city council.

The DILG has said that it would follow the CA order.

"We will follow the order of the court pero kailangan naming alamin from the Ombudsman how we are going to follow such order," DILG Usec. Peter Corvera told GMA News over the phone. —KBK/NB, GMA News