The Court of Appeals (CA) has junked for lack of merit, the plea to cite Ombudsman Conchita Carpio Morales in contempt as prayed for in the petition filed by former Makati City mayor Jejomar Erwin “Jun-Jun” Binay. Aside from dismissing the contempt plea, the CA also dismissed nine petitions filed by Binay, Jr. and former Makati local government officials in connection with the decision of the Office of the Ombudsman in the anomalous P2.2billion Makati carpark project.
In a Decision promulgated on 09 March 2016, the CA dismissed the petitions filed by Binay, Pio Kenneth Dasal, Lorenza Amores, Rodel Nayve, Arnel Cadangan, Marjorie De Veyra and several former Makati officials, for mootness.
The CA agreed with the Office of the Ombudsman and ruled that “by reason of the October 9, 2015 Decision of the Ombudsman which found Binay, Jr. administratively liable and which imposed on him the penalty of dismissal, We find Binay, Jr.’s petition questioning the March 10, 2015 Preventive Suspension Order of the Ombudsman, to be already moot and academic.”
The CA emphasized that “the Ombudsman’s Manifestation, which merely reflects her legal opinion, contains neither offensive nor derogatory language, and thus not contumacious.” The court explained that “the Manifestation merely contains a narrative of events, which by itself, is not contumacious as it merely seeks to inform the Court of the events relative to the case.”
Acting on the recommendations made by the Special Panel of Investigators, Ombudsman Morales approved the order preventively suspending Mayor Binay, Jr. and 20 other respondents in the administrative case. On 11 March 2015, Binay, Jr. filed a petition with the CA assailing the Ombudsman’s decision ordering his preventive suspension.
Subsequently on 09 October 2015, the Ombudsman ordered the dismissal from the service of Binay, Jr., et. al. based on six docketed complaints, where flagrant anomalies were found to have been committed in the design and construction of the building.
Aside from administrative charges, Ombudsman Morales filed with the Sandiganbayan multiple charges against Binay, Jr., et. al. for violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019), Malversation and Falsification of Public Documents. ###