{"id":64596,"date":"2015-11-13T02:01:58","date_gmt":"2015-11-13T07:01:58","guid":{"rendered":"https:\/\/canadianinquirer.net\/v1\/?p=64596"},"modified":"2016-05-04T01:54:06","modified_gmt":"2016-05-04T05:54:06","slug":"despite-suspension-binays-still-claim-moral-victory-over-sc-ruling","status":"publish","type":"post","link":"https:\/\/canadianinquirer.net\/v1\/2015\/11\/13\/despite-suspension-binays-still-claim-moral-victory-over-sc-ruling\/","title":{"rendered":"Despite suspension, Binays still claim \u2018moral victory\u2019 over SC ruling"},"content":{"rendered":"
\"Suspended<\/a>
Suspended Makati Mayor Erwin “Junjun” Binay Jr. (Photo from PNA\/Avito Dalan)<\/figcaption><\/figure>\n

MANILA \u2013 Even with the Supreme Court (SC) abandoning the condonation doctrine, Vice President Jejomar \u201cJojo\u201d Binay\u2019s camp still saw as a \u2018moral victory\u2019 the court\u2019s decision to also declare that the Office of the Ombudsman was not spared from \u2018any appeal of application for remedy against its decision before any court.\u2019<\/p>\n

\u201cThe SC is right. Even during Martial Law, court still existed. There was no gap in the process. The Ombudsman\u2019s decision can still be appealed. It\u2019s part of the process,\u201d Binay said.<\/p>\n

The Vice President\u2019s spokesperson for political affairs Rico Quicho disclosed that the SC\u2019s ruling on Ombudsman Conchita Carpio Morales was favorable to suspended Makati Mayor Erwin \u201cJunjun\u201d Binay.<\/p>\n

\u201cThe Supreme Court decision in the case involving Makati Mayor Junjun Binay is a moral victory. It vindicates the position of the mayor that his suspension was invalid and unlawful,\u201d Quicho said in a statement.<\/p>\n

In an en banc decision, the High Court upheld the Court of Appeals\u2019 (CA) proceedings on Mayor Binay\u2019s petition which challenged his suspension and invoked the condonation doctrine. It also declared as unconstitutional Section 14 of the Ombudsman Act of 1989 and gave courts limited power to review the Ombudsman\u2019s rulings.<\/p>\n

\u201cThe decision is a reaffirmation that under a democracy, the acts of agents of government can be reviewed by the courts,\u201d Quicho said.<\/p>\n

\u201cNo government agency or entity should be excluded from the principle of checks and balances since this will encourage and even foster abuse of power, especially against political opponents of the ruling party,\u201d he added.<\/p>\n

It can be recalled that Ombudsman Morales earlier issued two six-month preventive suspension orders against Mayor Binay over his alleged involvement in the anomalous Makati Science High School building and the overpriced Makati City Hall parking building.<\/p>\n

Meanwhile, Quicho also revealed their camp received reports that the Anti-Money Laundering Council (AMLC) was set to file a civil forfeiture case against VP Binay come the election period.<\/p>\n

However, such acts were prohibited as Section 16 of the Anti-Money Laundering Act (AMLA) stated that \u2018no case for money laundering may be filed against and no assets shall be frozen, attached or forfeited to the prejudice of a candidate for an electoral office during an election period.\u2019<\/p>\n

\u201cThis provision was included in the AMLA precisely to prevent abusing the powers of AMLC for political harassment,\u201d the spokesman pointed out.<\/p>\n","protected":false},"excerpt":{"rendered":"

MANILA \u2013 Even with the Supreme Court (SC) abandoning the condonation doctrine, Vice President Jejomar \u201cJojo\u201d Binay\u2019s camp still saw …<\/p>\n","protected":false},"author":33,"featured_media":40371,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1145,16,95],"tags":[249],"class_list":["post-64596","post","type-post","status-publish","format-standard","has-post-thumbnail","category-headline","category-news","category-news-ph","tag-rewrite","mauthors-cyra-moraleda","mauthors-philippine-canadian-inquirer"],"_links":{"self":[{"href":"https:\/\/canadianinquirer.net\/v1\/wp-json\/wp\/v2\/posts\/64596","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/canadianinquirer.net\/v1\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/canadianinquirer.net\/v1\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/canadianinquirer.net\/v1\/wp-json\/wp\/v2\/users\/33"}],"replies":[{"embeddable":true,"href":"https:\/\/canadianinquirer.net\/v1\/wp-json\/wp\/v2\/comments?post=64596"}],"version-history":[{"count":0,"href":"https:\/\/canadianinquirer.net\/v1\/wp-json\/wp\/v2\/posts\/64596\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/canadianinquirer.net\/v1\/wp-json\/wp\/v2\/media\/40371"}],"wp:attachment":[{"href":"https:\/\/canadianinquirer.net\/v1\/wp-json\/wp\/v2\/media?parent=64596"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/canadianinquirer.net\/v1\/wp-json\/wp\/v2\/categories?post=64596"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/canadianinquirer.net\/v1\/wp-json\/wp\/v2\/tags?post=64596"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}