Some of the transaction windows at the Makati City Hall are shut Friday as supporters of Mayor Junjun Binay occupy the lobby of the building. His supporters gathered in anticipation of authorities serving the suspension order on Binay. (MNS photo)

Some of the transaction windows at the Makati City Hall are shut Friday as supporters of Mayor Junjun Binay occupy the lobby of the building. His supporters gathered in anticipation of authorities serving the suspension order on Binay. (MNS photo)

MANILA (Mabuhay) – Makati Vice Mayor Romulo “Kid” Peña should start exercising his duties as acting Mayor, Justice Secretary Leila de Lima said Wednesday.

De Lima explained that while the temporary restraining order (TRO) stopping the implementation of the suspension order against Makati Mayor Jejomar Erwin “Junjun” Binay has become moot and academic, the same TRO has preserved the legal effect on Peña’s oath taking.

Peña was not part of Binay’s petition before the Court of Appeals.

“Basta sa amin klarado na moot and academic na ang TRO (It is clear to us that the TRO has become moot and academic). Yung status quo na pine preserve or sought to be preserved by that TRO ay kung nakapanumpa na yung vice mayor (if the vice mayor has already took the oath of office). That is the status quo, that is the situation now,” de Lima told reporters.

The Court of Appeals last Monday issued a 60-day TRO against Binay suspension. However, de Lima, in her legal opinion said it was received by the Department of Interior and Local Government (DILG) in the afternoon while the notice of suspension was served in the morning.

“We are of the opinion that the temporary restraining order of the Court of Appeals is without legal force and effect because it is already moot and academic, the acts sought to be restrained having already been performed and accomplished,” De Lima said.

“The TRO issued by the CA is a temporary injunction, not a preliminary mandatory injunction. As such, it cannot apply to acts already accomplished such as the issuance of the Ombudsman joint order and its implementation by the DILG,” she added. (MNS)