After four years, Ombudsman Morales back at Supreme Court as petitioner

BAGUIO CITY—Four years after leaving the Supreme Court, Conchita Carpio-Morales is back at the high tribunal, no longer as an associate justice but as a petitioner to defend her decision to preventively suspend Makati Mayor Junjun Binay.

"I'm happy to be back in my home for nine years," said Carpio-Morales, who was appointed to the SC in 2002. She left the tribunal after President Benigno Aquino III appointed her as Ombudsman in 2011.

Morales, who used to join her 14 other SC magistrates during oral arguments, said it was her first time to be on the other side of the bench, as a petitioner.

Even if she attended, Morales will not be arguing her position before her former SC colleagues, as this will be the job of the Office of Solicitor General, which represents the government in cases.

Morales said the purpose of the preventive suspension was particularly to pave the way for a preliminary investigation where Binay can defend himself.

"That is why we are conducting a preliminary investigation to give them a chance to controvert the allegations," said Morales. Apart from Binay, 15 other officers of the Makati City local  government were suspended over overpricing allegations in the construction of the Makati City Hall Building II.

In case the SC rules in Binay's favor, Morales said she would not be "devastated," but instead have "more determination to proceed in investigating cases and ensure the cases we file are meritorious."

Morales maintained that the Court of Appeals, which earlier issued an injunction stopping the suspension, has no authority to decide on rulings made by the Ombudsman, which is an independent constitutional body.

"[If you allow that] it is going to create a floodgate for other respondents to assail rulings of the Ombudsman," she said.

The CA injunction stemmed from a petition filed by Binay with the appeals court contesting the Ombudsman joint order suspending him. The CA initially issued a temporary restraining order, but the Department of Interior and Local Government refused to honor the order, saying it was issued too late.

This prompted Binay to sue the DILG and even Morales for contempt.

The CA eventually clarified its TRO and came up with a writ of injunction, explaining that the status quo prior to the suspension should be maintained.

36-page petition