CA junks Junjun’s plea vs 2nd suspension order
CA junks Junjun’s plea vs 2nd suspension order
Edu Punay (The Philippine Star) - October 30, 2015 - 10:00am

MANILA, Philippines - The Court of Appeals (CA) has junked the petition of dismissed Makati Mayor Jejomar Erwin “Junjun” Binay Jr. questioning his second suspension issued by the Office of the Ombudsman.

In a three-page resolution promulgated yesterday, the appellate court’s special Ninth Division said Binay’s petition has been rendered moot following the ombudsman’s order dismissing him from public service over a separate graft case filed against him.

“In light of this supervening event, we opined that whatever relief we grant to the petitioner, whether we will restrain, enjoin or nullify his preventive suspension, the same will no longer serve any practical value,” read the ruling.

The CA explained that although Binay’s second preventive suspension has not prescribed, it has been deemed overtaken, if not superseded, by the order of dismissal by Ombudsman Conchita Carpio Morales.

“The petitioner, having been dismissed from his post as Makati mayor, will not be able to take it back regardless of how we resolve the validity of his preventive suspension in the present case,” the CA said.

The second suspension order against Binay stemmed from charges of conduct prejudicial to the best interest of the service, grave misconduct and dishonesty over the construction of the Makati Science High School Building (MSHSB), which was allegedly overpriced by about P282 million.

In his petition, Binay asked the CA to issue a temporary restraining order (TRO) on his preventive suspension.

Binay invoked the doctrine of condonation, saying the alleged illegal acts pertaining to the seven-phase MSHSB project were committed when he was not yet the city mayor.

Earlier this year, the CA Sixth Division issued a TRO stopping the ombudsman’s six-month suspension order against Binay in connection with the alleged anomaly in the construction of the Makati City Hall Parking Building 2.

 

ACIRC BINAY BINAY JR. COURT OF APPEALS MAKATI CITY HALL PARKING BUILDING MAKATI MAYOR JEJOMAR ERWIN MAKATI SCIENCE HIGH SCHOOL BUILDING NINTH DIVISION OFFICE OF THE OMBUDSMAN OMBUDSMAN CONCHITA CARPIO MORALES SIXTH DIVISION
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