IBP criticizes De Lima over Binay’s suspension
The chief of the Integrated Bar of the Philippines (IBP) expressed his confusion over Justice Secretary Leila de Lima’s stand on the Court of Appeals (CA) order stopping the preventive suspension of Makati Mayor Jejomar Erwin Binay Jr.
According to Vicente Joyas, national president of the IBP, he could not comprehend why she would contradict publicly the CA for allowing a temporary relief to Binay.
“The case is pending in the court. As a lawyer, she should just leave the case with the court,” he told The STAR by phone yesterday.
Joyas alsp contradicted the announcement made by De Lima that the CA has no power to stop the order of the Office of the Ombudsman.
“The CA can issue TRO on preventive suspension (by the Ombudsman). What the CA can’t stop is a decision of the Ombudsman because only the Supreme Court can do that,” Joyas explained.
“In this case, the TRO on preventive suspension would not delay the investigation of the Ombudsman. It simply stops the suspension, but not the investigation,” he added.
Meanwhile De Lima said that her legal opinion on the TRO was “not binding.”
She stated the clarification in the middle of accusations that her opinion was unconstitutional.
“How can the act of rendering an opinion be unconstitutional? It does not purport to adjudicate or bind any one. It is an opinion. It is advisory in nature,” she said.
De Lima explained that the TRO was “moot and academic” since the act it intended to stop was the enforcement of the six-month suspension order against the mayor, which was carried out by the Department of the Interior and Local Government three hours before the CA issued the order.
It was the same for Ombudsman Conchita Carpio-Morales, the opinion, which was used by Interior Secretary Manuel Roxas II in questioning the TRO.
Meanwhile, three officials are facing a contempt charge before the CA, ordering them to give their explanation regarding their opposition of the TRO.
article source: Philippine Star