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No TRO for Junjun Binay for now as CA defers action on plea vs. suspension
(Updated 10:32 a.m.) Makati City Mayor Jejomar Erwin "Junjun" Binay Jr. has failed to secure a temporary restraining order for now from the Court of Appeals.
In a June 30 resolution penned by Associate Justice Melchor Sadlang, the appelate court's 10th Division deferred taking action on Binay's petition to stop his six-month preventive suspension from office.
Instead, it ordered the Office of the Ombudsman and the Department of the Interior and Local Government to file their respective comments on Binay's petition within 10 days.
Instead, it ordered the Office of the Ombudsman and the Department of the Interior and Local Government to file their respective comments on Binay's petition within 10 days.
"Without necesarilly giving due course to th epetition, respondents are required to file their comment thereon (not a motion to dismiss), and to show cause in the same comment why petitioner's prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction should not be granted, within a non-extendible period of 10 days from notice," read the CA ruling.
Binay will also have five days to respond upon receipt of the comment.
Binay will also have five days to respond upon receipt of the comment.
The CA added that its action on the mayor's TRO/WPI was being "held in abeyance pending receipt of the parties' pleadings."
The CA said Binay's petition would be deemed submitted for decision upon the submission of the comment and reply, or expiration of the period for filing of these pleadings. Cocurring in the resolution were Associate Justice Celia Librea-Leagogo and Amy Lazaro-Javier.
Binay earlier asked the court to issue a TRO or writ for preliminary injunction against the suspension order issued in connection with the mayor's alleged involvement in irregularities in the construction of a Makati Science High School building.
Binay had initially refused to vacate his office, saying the issuance of the suspension order had no justification.
Early Wednesaday, however, Binay stepped down after failing to get a TRO.
Early Wednesaday, however, Binay stepped down after failing to get a TRO.
Last March, the Ombudsman also ordered the suspension of Binay and other officials in connection with the allegedly overpriced construction of the Makati City Hall Building II. The mayor, however, received a TRO against the suspension order from the appellate court.
The Supreme Court then indefinitely suspended the implementation of the suspension order pending a resolution on a case that the Ombudsman filed to question the authority of the CA justices in stopping the implementation of the suspension. — RSJ/TJD, GMA News
