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.
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.