MANILA (Mabuhay) — Makati Mayor Junjun Binay, who faces suspension anew for alleged irregularities in the construction of a ten-storey building in Makati Science High School, failed to secure an ex-parte temporary restraining order (TRO) or writ of preliminary injunction (WPI) to stay the implementation of his 6-month preventive suspension.
In a two-page resolution, dated June 30, 2015, penned by Associate Justice Melchor Sadang, the CA 10th Division said respondents Office of the Ombudsman and Department of the Interior and Local Government (DILG) will be heard first, and Binay given an opportunity to reply to them, before any action on his restraining plea is acted upon.
“Without necessarily giving due course to the petition, respondents are required to file their comment thereon (not a motion to dismiss), and to show cause in the same comment why petitioner’s prayer for the issuance of a [TRO] and/or [WPI] should not be granted, within a non-extendible period of ten days from notice, and petitioner may file a reply within a non-extendible period of five days from receipt of the comment, if so minded.”
“Action on the application for TRO/WPI is held in abbeyance pending receipt of the parties’ pleadings. Upon submission of the aforesaid pleadings or the expiration of the period for filing the same, the petition will be deemed submitted for decision, unless the court requires the parties to file their respective memoranda,” the resolution read.
The resolution was concurred in by Associate Justices Celia Librea-Leagogo and Amy Lazaro-Javier.
Binay was earlier handed a 6-month preventive suspension by the Ombudsman in connection with the allegedly anomalous Makati City Hall Building 2 but was able to secure an ex-parte TRO from the CA 6th Division.
The second case against him and 14 other respondents involves the alleged overprice of a 10-storey building in the Makati Science High School by around P862-million. (MNS)