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SC sets oral arguments on Ombudsman petition vs. CA’s TRO on Binay suspension

Posted on April 7, 2015

MANILA, April 7 (PNA) — The Supreme Court (SC) ordered on Tuesday the conduct of oral arguments on the petition filed by the Office of the Ombudsman questioning the temporary restraining order (TRO) issued by the Court of Appeals (CA) on the suspension order issued by the Ombudsman against Makati City Mayor Jejomar Erwin Binay Jr.

The CA Sixth Division, chaired by Presiding Justice Jose Reyes Jr., earlier issued the 60-day TRO on the “immediately executory” six-month preventive suspension without pay issued by the Ombudsman against Binay and 22 others for plunder and graft cases in connection with the alleged “overpriced” construction of the Makati City Hall Building II.

Incidentally, the CA on Monday ordered the issuance of a writ of preliminary injunction stopping the preventive suspension order against the Makati City mayor.

The oral arguments ordered by the SC will be held on April 14, 2015 in Baguio City.

In her petition filed through the Office of the Solicitor General (OSG), Ombudsman Conchita Carpio Morales asked the SC to issue a TRO against the restraining order by the CA on the suspension order against Binay and stop the contempt proceedings at the CA.

The petition for contempt was filed by the camp of Binay, through counsel Claro Certeza, for the alleged defiance of the Ombudsman, Department of Justice (DOJ) and the Department of Interior and Local Government (DILG) to respect and follow the order of the CA.

The Ombudsman argued that they cannot be restrained by the CA because they are an “independent constitutional body.”

Morales further argued that it is also within their power to suspend government officials who are being investigated on allegations of graft and corruption. (PNA)

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