CA Issues No TRO on Makati Mayor’s Petition

(PNA) — The Court of Appeals (CA) 10th Division, which handles the petition of Makati City Mayor Jejomar Erwin Binay, Jr. questioning the preventive suspension imposed against him by the Office of the Ombudsman (Ombudsman), did not issue a temporary restraining order (TRO) on Wednesday.

Instead, the CA ordered the Ombudsman and the Department of Interior and Local Government (DILG) to comment on the petition of Binay.

In a two-page resolution written by CA Associate Justice Melchor Sadang and signed by Associate Justices Celia Leagogo and Amy Javier, the Ombudsman and the DILG were given a period of 10 days within which to submit their respective comments on why the plea for a TRO or Writ of Preliminary Injunction (WPI) sought by the camp of Binay should not be granted.

Likewise, the CA also gave the camp of Binay a period of five days within which to submit a “reply” upon receipt of the comment of the Ombudsman and the DILG.

The CA clarified that the Ombudsman and the DILG should submit a comment and not a motion to dismiss the petition of the camp of Binay.

The Ombudsman issued the six-month preventive suspension without pay on Binay for the administrative case filed against him in connection with the alleged “overpriced” construction of the Makati Science High School Building.

The Ombudsman earlier suspended Binay and 22 others last March for the administrative and graft cases filed against them in connection with the alleged “overpriced” construction of the Makati City Hall Building II.

The case is now pending before the Supreme Court (SC). (PNA) JBP/PTR/EBP