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Saturday, October 21, 2006
Gov't to appeal freeze order on Makati mayor's suspension
MANILA -- Solicitor General Eduardo Antonio Nachura said government will file its comment on Monday with the Court of Appeals (CA) to justify Malacañang's issuance of the suspension order on Makati City Jejomar Binay and his co-respondents, also to ask the CA to lift its temporary restraining order (TRO).
Nachura said Malacañang has basis in suspending Binay and that the mayor's constitutional rights were not violated in the process.
He noted that Defense Secretary Eduardo Ermita, who is an alter-ego of President Gloria Macapagal-Arroyo, has the authority to suspend city mayors.
Ruling
Nachura said they will also question the ruling of the appellate court in giving due course to Binay's petition for TRO when it was filed in anticipation of the Department of Interior and Local Government's suspension order, which was served on Tuesday morning.
The appellate court, however, did not act on the petition for TRO filed by Makati City Vice Mayor Ernesto Mercado and 16 councilors, which mean that the DILG may still execute their suspension order.
Palace comment
Likewise, the Palace was ordered to file a comment on the petition and to show reasonable grounds why the issuance of a TRO should be lifted and/or the writ of preliminary injunction be not granted.
The CA ruled that while initially the original suit filed by Binay's lawyers last Friday was premature and anticipatory since no preventive suspension order was still issued by the Office of the President at the time, a supplemental petition was filed on time and cured the defect.
"This court is of the view that the urgent prayer for the issuance of TRO is materially justified as we find compelling reasons, from allegations therein contained and materially discussed in the foregoing, that warrant the ex parte issuance of the injunctive writ," the CA ruled.
Anti-Arroyo rally
Meanwhile, anti-Arroyo groups and prominent opposition personalities held a rally on Ayala Avenue in Makati City to celebrate the court's restraining order against the suspension of Binay.
They used the occasion to lambaste Arroyo, whose win in the 2004 elections they continued to question due to allegations that she cheated her way to victory.
They also accused her of political persecution of her critics.
Among those who participated in the rally were former Vice President Teofisto Guingona Jr. and former senator Ernesto Maceda. (EVC/Sunnex)
(October 21, 2006 issue)
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