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Junjun Binay welcomes TRO: ‘We are now moving forward’
By ELIZABETH MARCELO, GMA News
(Updated 3:44 p.m.) Makati Mayor Junjun Binay on Monday welcomed the 60-day temporary restraining order (TRO) issued by the Court of Appeals on his suspension, saying it will now allow the city to "move forward."
“The Court of Appeals has already made a decision. We are now moving forward,” Binay said in a press conference at the Makati City Hall shortly after the issuance of the TRO.
He said his first task after the issuance of the TRO is to meet with the city councilors and heads of various office departments to restore the order in the city hall.
Binay, son of Vice President Jejomar Binay, also maintained that the Ombudsman's six-month suspension, issued in connection with the graft and plunder case he is facing, was not only illegal but also railroaded.
“Kami po ay naninindigan na hindi naging legal ang pag lalabas ng suspension order. Pero sa ngayon ay magtrabaho na muna tayo. We want to work for the people. Tama na po ang pulitika! Sawang-sawa na po ang mga tao. Magtrabaho na po muna tayo,” Binay said.
Graduation
Binay, who refused to leave his office despite the suspension order, said the TRO would now allow him to celebrate the graduation of one of his daughters.
“Ang desisyon po ng Court of Appeals ay isang malaking katuwaan, especially at graduation po ngayon ng anak ko,” he said. “Kanina pinapanood ko po ang video ng kanyang graduation, so mamaya ay makakasama na nila ako para mag-celebrate.”
Binay is facing graft and plunder charges in connection with the alleged overpricing in the construction of the Makati City Hall Building II. He has repeatedly denied the charges.
Merits
Binay said he was glad that the CA magistrates saw the merits of the petition for certiorari that his camp filed last week, which urged the court to issue a TRO on what the embattled mayor called a “special express suspension order” by the Office of the Ombudsman.
Meanwhile, in an interview with radio dzBB, Binay's legal counsel Claro Certeza also welcomed the CA order, saying that the appellate court definitely found merits in Binay camp's arguments.
“Definitely, ang TRO hindi 'yan basta -basta ibinibigay. Ibinibigay yan kung nakita ng mga mahistrado na may merito ang argumento ng nag-aapela. Bukod dun sa kakulangan ng ebidensiya, ang sinabi natin sa petisyon [na isinumite natin] ay walang basehan ang pagbibigay ng Ombudsman ng suspension,” Certeza said.
Certaza maintained that based on the “Aguinaldo Doctrine” of the the Supreme Court, a public official must not be charged for an alleged illegal act committed before his term of office.
“A portion of the transaction ay nangyari nung hindi pa siya mayor. At yung another portion ay nangyari nung kakaupo palang niya. At base sa Aguinaldo Doctrine, kung ikaw ay nahalal nagtitiwala sa iyo ang taongbayan,” Certeza said.
Certeza added that the five-page CA ruling gave weight on their argument that the suspension must be studied further as hasty implementation of it would deprive the electorate their right to be represented. — with a report by Patricia Denise Chiu/KBK/JDS, GMA News
“The Court of Appeals has already made a decision. We are now moving forward,” Binay said in a press conference at the Makati City Hall shortly after the issuance of the TRO.
He said his first task after the issuance of the TRO is to meet with the city councilors and heads of various office departments to restore the order in the city hall.
Binay, son of Vice President Jejomar Binay, also maintained that the Ombudsman's six-month suspension, issued in connection with the graft and plunder case he is facing, was not only illegal but also railroaded.
“Kami po ay naninindigan na hindi naging legal ang pag lalabas ng suspension order. Pero sa ngayon ay magtrabaho na muna tayo. We want to work for the people. Tama na po ang pulitika! Sawang-sawa na po ang mga tao. Magtrabaho na po muna tayo,” Binay said.
Meanwhile the Office of the Ombudsman on Monday said they will comment on the TRO on Mayor Binay's suspension order.
A source at the Office of the Ombudsman says the Office of Legal Affairs will work on the reply. But the same source said that despite the TRO which only covers the preventive suspension order against Mayor Binay, the Ombudsman's preliminary investigation on the Makati City Hall building II still continues.
Graduation
Binay, who refused to leave his office despite the suspension order, said the TRO would now allow him to celebrate the graduation of one of his daughters.
“Ang desisyon po ng Court of Appeals ay isang malaking katuwaan, especially at graduation po ngayon ng anak ko,” he said. “Kanina pinapanood ko po ang video ng kanyang graduation, so mamaya ay makakasama na nila ako para mag-celebrate.”
Binay is facing graft and plunder charges in connection with the alleged overpricing in the construction of the Makati City Hall Building II. He has repeatedly denied the charges.
Merits
Binay said he was glad that the CA magistrates saw the merits of the petition for certiorari that his camp filed last week, which urged the court to issue a TRO on what the embattled mayor called a “special express suspension order” by the Office of the Ombudsman.
Meanwhile, in an interview with radio dzBB, Binay's legal counsel Claro Certeza also welcomed the CA order, saying that the appellate court definitely found merits in Binay camp's arguments.
“Definitely, ang TRO hindi 'yan basta -basta ibinibigay. Ibinibigay yan kung nakita ng mga mahistrado na may merito ang argumento ng nag-aapela. Bukod dun sa kakulangan ng ebidensiya, ang sinabi natin sa petisyon [na isinumite natin] ay walang basehan ang pagbibigay ng Ombudsman ng suspension,” Certeza said.
Certaza maintained that based on the “Aguinaldo Doctrine” of the the Supreme Court, a public official must not be charged for an alleged illegal act committed before his term of office.
“A portion of the transaction ay nangyari nung hindi pa siya mayor. At yung another portion ay nangyari nung kakaupo palang niya. At base sa Aguinaldo Doctrine, kung ikaw ay nahalal nagtitiwala sa iyo ang taongbayan,” Certeza said.
Certeza added that the five-page CA ruling gave weight on their argument that the suspension must be studied further as hasty implementation of it would deprive the electorate their right to be represented. — with a report by Patricia Denise Chiu/KBK/JDS, GMA News
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