Binay files contempt raps vs Morales, de Lima

By Jorge Cariño, ABS-CBN News

Posted at Mar 19 2015 04:17 PM | Updated as of Mar 20 2015 12:17 AM

MAKATI CITY - Makati Mayor Junjun Binay has also filed contempt charges against Ombudsman Conchita Carpio-Morales and Justice Secretary Leila de Lima.

The complaint is supplemental to the earlier contempt charges that Binay filed against Department of the Interior and Local Government (DILG) Secretary Mar Roxas and other DILG and Philippine National Police officials.

Binay filed the charges against Roxas and others over their non-compliance with the Court of Appeals' temporary restraining order (TRO) on the Ombudsman's order to suspend him for six months.

"We had to add Ombudsman Morales dun sa contempt. Eh kasi she already gave a statement and she refuses to recognize the ruling of the Court of Appeals," Binay said.

Binay also called on Justice Secretary Leila de Lima not to meddle in the standoff between him and the DILG.

"Kasi ang hirap dito, wala naman silang lawful standing, wala silang personality pero alam mo nakikisali sa [issue]… ano bang role ng DOJ [Department of Justice] dito?" he said.

He explained that the DILG has a legal personality in this case because it was ordered by the Office of the Ombudsman to implement the six-month preventive suspension order.

Binay, however, said the DOJ need not interpret the TRO of the CA because de Lima is not an interpreter of the law.

"Biglang sasama pa natin ang DOJ, eh wala naman sila dun sa naging issues dito. And how can you ask Secretary of Justice to explain a ruling done by the Court? It should be the Court, not Secretary De Lima," the mayor said.

Binay commended the Palace for issuing the statement that the rule or law should be followed in the Makati standoff situation.

The Subido, Pagente, Certeza, Mendoza, and Binay Law Office said Morales, De Lima, Roxas, Makati Vice Mayor Romulo Peña, were "acting in unison in defying the CA's restraining order, [showing] their ill motives and bias against the Binays."

"Worse, their actions insult the integrity and competence of the CA. Thus, they should be cited for contempt of court."

Peña was sworn in as Makati's acting mayor on Monday, about an hour after the DILG posted the suspension order on Binay on the wall of the Makati City Hall.

A TRO was later released by the CA on the suspension order, but the DILG, Department of Justice, and the Office of the Ombudsman contested its effectivity.

The two departments and the anti-graft body insist that there was nothing to restrain as the suspension order was already served and Peña was already sworn in as acting mayor.

The DILG argued that the court should have issued a status quo ante order (SQAO) instead of a TRO because the suspension order was already served.

On Thursday morning, senior citizens of Makati paid a visit to Binay to show their support and recognition to Binay as their city's leader.

He also appealed to Peña to stop performing duties as acting mayor, saying the city hall employees were being "held hostage" by his actions.

"Are we saying that the Vice-Mayor now threatens the stopping of the [release of] salaries of employees and make them suffer because he is insisting that he is the Mayor? Eh kawawa naman yung mga tao, 'di makakasweldo dahil sa pagpupumilit niya," he said.

"Let's respect the rule of law."

He also asked Peña to refrain from claiming that he is now the duly designated official who can sign the city official documents.