Can CA stop Ombudsman’s suspension orders? SC should decide soon, say experts

The Supreme Court should already resolve a petition, filed almost half a year ago, over the preventive suspension of Makati Mayor Jejomar Erwin "Junjun" Binay, legal experts said on Friday.

Former law deans Pacifico Agabin and Amado Valdez stressed the importance of finally deciding on whether the Court of Appeals has the authority to restrain suspension orders from the Ombudsman.

The petition was filed by the Office of the Ombudsman contesting the temporary restraining order issued by the Court of Appeals that stopped Binay's suspension.

Both Agabin and Valdez agreed that the SC petition should be resolved before Binay's term ends next year.

"If all pleadings have been submitted for resolution (then the petition may be resolved already). The case must be expedited because the term is expiring," said Valdez, former law dean at the University of the East.

Agabin, meanwhile, said: "The SC can already resolve the case kahit doon sa aspect on the CA's authority to stop the Ombudsman's preventive suspension."

Binay became Makati mayor in 2010, succeeding his father Jejomar Binay, who ascended to the vice presidency. In 2013, the younger Binay was re-elected, with his term supposedly ending in 2016.

Last March, however, his term was almost cut short after the Ombudsman preventively suspended him over alleged overpricing in the construction of the Makati City Hall Building II.

The Department of Interior and Local Government served the suspension order.

Binay sought relief from the appellate court, who eventually issued a temporary restraining order in his favor, but only after Vice Mayor Kid Peña was sworn in as Makati's acting mayor.

Despite the CA's TRO, the DILG, and the Ombudsman insisted that Binay was suspended and Peña was the acting mayor.

The CA eventually issued an injunction, clarifying that the status quo should be observed and that Binay should remain in his post.

The CA's TRO and injunction prompted the Ombudsman to seek the SC's redress, saying the CA had no authority to stop the Ombudsman's preventive suspension.

Asked what the implication would be if the SC failed to resolve the case before the May 2016, Valdez said: "If the SC decides later, the decision will serve as precedent on future cases."

The former UE dean also said the case should already be decided upon because "the suspension of Junjun will be served anyway after six months."

Binay ended up vacating his post in July after the Ombudsman issued a second preventive suspension, this time over the alleged overpricing in the Makati City Science High School. —NB, GMA News