De Lima to Peña: Allow Binay to return to his post

Justice Secretary Leila de Lima on Friday advised Makati Vice Mayor Romulo Pena to leave his acting mayor post for now and allow Junjun Binay to return as mayor of Makati.

The tussle for the post as the business district's chief local executive began on March 16, when the Department of the Interior and Local Governments served a suspension order against Binay.
 

Earlier, De Lima said Pena should remain as acting mayor because a temporary restraining order issued against Binay was without "legal effect and force," and was open to interpretation. However, a subsequent writ of injunction from the CA clarified the issue  said De Lima.

"I think that [the issue was] addressed already in the preliminary injunction, so mas malinaw ang preliminary injunction kaysa doon sa TRO. So strictly speaking, kailangan na sigurong sundin na muna," De Lima said.

De Lima said Pena should honor the writ of preliminary injunction while waiting for the Supreme Court to act on a petition earlier filed by the Ombudsman defending its suspension of Binay.

The SC is set to hold arguments on the Ombudsman's petition during its summer session in Baguio City on April 14.

"I'm sure he's duly represented and I'm sure meron silang arguments naman kung bakit ayaw nila munang sundin," said De Lima.

"So baka iyon iyong ano (reason) ng vice-mayor na hintayin na muna ang ruling ng Supreme Court," she added.

De Lima said the Ombudsman plans to file a supplemental petition with the SC to contest the writ of preliminary injunction as well.

But until the SC acts on the petitions against the TRO and the injunction, Peña should honor the CA resolutions on the Binay issue, she said.

Peña was sworn in last March 16, hours before the CA's TRO was issued and right after Binay's suspension order was served. Peña belongs to the ruling Liberal Party.

Despite the TRO, Peña refused to vacate the post prompting Binay to ask the CA to cite Peña, the Ombudsman, the Department of Interior and Local Government, and the Philippine National Police in contempt of court for allegedly defying the TRO.

Binay and 15 other Makati officers were handed preventive suspensions for the allegedly overpriced construction of the Makati City Hall Building 2. Binay has repeatedly denied the accusation. - JJ, GMA News