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Sunday, May 06, 2007
Binay to question suspension in court
MANILA -- Makati Mayor Jejomar Binay said he will contest before the Court of Appeals (CA) the suspension order issued by the Office of the Ombudsman Friday night.
At the same time, Binay lamented what he said is "undeclared martial law" taking place in Makati City and recent events were reminiscent of the events taking place during the time of former strongman Ferdinand Marcos.
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"What happened in Makati last Friday was a display of the arrogant and evil nature of this regime, the insincerity behind its appeal for reconciliation, contempt for the rule of law and the misuse of the powers of government," Binay said.
Although he said he will honor the 90-day suspension order imposed by Ombudsman Merceditas Gutierrez, the mayor said he will also file a motion for the issuance of a temporary restraining order Monday, the day the Department of the Interior and Local Government (DILG) said it will formally serve the suspension order on him.
With the suspension of Binay, Vice Mayor Ernesto Mercado will formally take the mayoralty post a week before the May 14 elections where Binay is seeking reelection as city mayor for his third and last term against Lapid, a former governor of Pampanga.
The suspension comes just days before mid-term polls on May 14 in which Binay is running for re-election against an Arroyo ally, movie star Lito Lapid.
Binay has long been a critic of Arroyo, allowing the opposition to hold massive protest rallies in Makati.
Binay and DILG Undersecretary Marius Corpus held an hour-long meeting inside the mayor's office at the 21st floor of the City Hall Friday night and came with the agreement that the DILG will formally deliver the order on Monday.
The local chief executive promised Corpus he will personally receive the order.
He earlier questioned the propriety of the DILG serving the order on Friday night when he cannot seek redress before the court since it is closed on weekends.
But Corpus said there is no need for Binay to go to the City Hall on Monday explaining that the DILG had "virtually served" the order on him.
"There is no need for me to go there. Vice Mayor Ernesto Mercado can assume the post since the suspension order was already served," said Corpus.
He said the preventive suspension imposed on Binay were due to the charges of misconduct, dishonesty and conduct prejudicial to public service and was related to the complaint filed by erstwhile Binay ally, Oscar Ibay, for allegedly maintaining some 8,000 "ghost" employees in the City Hall.
Ibay also filed a plunder case against Binay for the unpaid P1.1 billion in withholding taxes that he said the Makati City Government failed to remit to the National Government.
Corpus said the Ombudsman has also ordered Binay to appear before the anti-graft court on Tuesday during the main hearing of the case to explain his side. He also sought to deflect criticism from many quarters about the suspension as he said they are just implementing an order from the Ombudsman.
"We are just implementing the order. I received a copy of it at 4 p.m. Friday and I immediately contacted Mayor Binay about it," he said.
He, likewise, said that Binay's case is not covered by the election ban on the suspension of public officials since it granted an exemption to those charged with violation of the Anti-graft and Corrupt Practices Act.
The DILG, in compliance with the Ombudsman's order, placed Binay under preventive suspension for a period not exceeding six months for allegedly defrauding the Makati City Government by putting "ghost employees" on its payroll.
Aside from Binay, also suspended on the same case was City Treasurer Luz Yamane.
The Ombudsman, acting on the complaint filed Ibay against Binay, stated in its order that the preventive suspension against the mayor was necessary to "maintain an independent, fair and just resolution of the issues."
Malacañang denied it had a hand on Binay's suspension as claimed by some opposition leaders.
Press Secretary Ignacio Bunye said: "This is strictly between the Ombudsman and Mayor Binay, but the Ombudsman owes it to the public to fully and convincingly explain why they believe they have a strong case against the Mayor and why they have to suspend him now."
He said it is up to the Ombudsman to prove to the public that they have enough evidence and a strong case against Binay.
But Binay, a vocal critic of the administration, said the recent events validated their concern that the Arroyo administration, despite its denials, is out to get rid of the opposition before the elections.
"This (Arroyo) administration no longer cares what the foreign community says. It has resorted to Gestapo-like tactics to enforce an illegal order in full view of the foreign community," he said.
According to Binay, his political opponents are mistaken if the recent events would result in his ouster from the post, which he held for the past two decades, adding "the positive side of his predicament is that it gave a big boost to the opposition in the May 14 elections."
He said there is pattern of "harassment" against him citing the BIR freeze order and the deployment of heavily-armed policemen in the city.
Last October, the Ombudsman also suspended Binay on another graft charges filed by former Makati vice mayor Roberto Brilliante but the order was not enforced after the mayor managed to get a TRO and subsequently an injunction from the CA, effectively stopping the DILG from carrying out the suspension. (AH/JMR/Sunnex)For more Philippine news, visit Sun.Star General Santos. (May 6, 2007 issue)
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