Ombudsman: TRO on Binay suspension moot, academic

MANILA, Philippines - The Office of the Ombudsman on Tuesday said that the temporary restraining order (TRO) issued by the Court of Appeals (CA) to the camp of Makati City Mayor Junjun Binay is "moot and academic."

 

Ombudsman Conchita Carpio-Morales said the CA resolution's dispositive portion is "silent" on what the TRO seeks to restrain. 

 

To date, the office has yet to receive a copy of Binay's petition. 

 

However, it received Monday afternoon a copy of the CA resolution granting a TRO on Binay's six-month preventive suspension pending the investigation of the Ombudsman on the alleged overpriced Makati parking building. 

 

The office also said it has has not yet received any copy of the TRO.

 

The Ombudsman insisted that any TRO to be issued by the CA to restrain the implementation of the preventive suspension order has become moot and academic as "there is no more act to be restrained." 

 

In a manifestation filed Tuesday with the CA, the Ombudsman told the appellate court that the preventive suspension order on Binay and other city officials had been served and implemented by the Department of the Interior and Local Government (DILG) even before the CA issued the TRO.  

 

In its compliance report submitted by DILG-National Capital Region Director Renato Brion to the Ombudsman, the DILG reported that on March 16 around  8:30 a.m., the preventive suspension order was served, and at 9:47 a.m., Makati Vice Mayor Romulo Peña Jr. was sworn into office and assumed the position as acting Makati City mayor.

 

The Ombudsman also maintained that there are bases in issuing the preventive suspension order.  

 

Meanwhile, the Ombudsman denounced the practice of suspended public officials encouraging the assembly of people who obstruct or hinder the proper exercise of the functions of the office.