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Philippine Court of Appeals junks contempt plea vs. Ombudsman

 

Philippine Court of Appeals building in Ermita, Manila ©ca.judiciary.gov.ph
Philippine Court of Appeals building in Ermita, Manila ©ca.judiciary.gov.ph

THE Philippine Court of Appeals junks for lack of merit a plea to cite in contempt Ombudsman Conchita Carpio Morales in connection with her earlier decision to suspend Makati City Mayor Jejomar Erwin “Jun-Jun” Binay.

The appellate court, in a decision promulgated on March 9, 2016, said the plea filed by Binay and several Makati City employees which include Pio Kenneth Dasal, Lorenza Amores, Rodel Nayve, Arnel Cadangan, and Marjorie De Veyra is already moot due to a more recent Ombudsman decision dismissing from office the young mayor, who is the only son of presidential candidate Vice President Jejomar Binay.

At the same time, the CA also junks nine petitions filed by Binay, Jr. et al in connection with the decision of the Office of the Ombudsman in the anomalous P2.2 billion (US $46.8 million) Makati City car park project.

Makati City Mayor Jun-Jun Binay ©EDWIN BACASMAS/newsinfo.inquirer.net
Makati City Mayor Jun-Jun Binay ©EDWIN BACASMAS/newsinfo.inquirer.net

In explaining its decision, the CA said “by reason of the October 9, 2015 decision of the Ombudsman which found Binay, Jr. administratively liable and which imposed on him the penalty of dismissal, we find Binay, Jr.’s petition questioning the March 10, 2015 Preventive Suspension Order of the Ombudsman to be already moot and academic.”

On March 11, 2015, Binay, Jr. filed a petition with the CA assailing the Ombudsman’s decision ordering his preventive suspension. Subsequently on October 9, 2015, the Ombudsman ordered the dismissal from the service of Binay, Jr., et. al. based on six docketed complaints, where flagrant anomalies were found to have been committed in the design and construction of the building.

The mayor denies the charges as lies adding that it was meant to derail his father’s presidential bid.

Aside from administrative charges, Ombudsman Morales filed with the Sandiganbayan multiple charges against Binay, Jr., et. al. for violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019), Malversation and Falsification of Public Documents.

Nelson Flores, J.D., MSCK
A former reporter of the Philippine Daily Inquirer, Manila Standard Today, and a regular columnist of the Metro Manila based daily tabloid newspaper Hataw; Nelson Flores is also the former Senior Associate Editor of the Houston based Fil-Am Press and former anchor of dzXL and dzRJ's weekend talk show Usaping Bayan. Mr. Flores has a Bachelor of Arts in Journalism and Law degrees from the University of Santo Tomas and Adamson University and a holder of a study certificate from the Diocesan House of Studies, Iglesia Filipina Independiente (IFI). He is a Freemason and member of Reagan Lodge 1037 in Houston Heights under the jurisdiction of the Most Worshipful Grand Lodge of Texas and a member of the Missionary Society of Christ the King (MSCK).

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