Ombudsman maintains CA has no jurisdiction over the Binay case

June 17, 2015 5:10 am 

MANILA, June 16 — The Office of the Ombudsman maintained on Tuesday that the Court of Appeals (CA) has no jurisdiction over the petition filed by Makati City Mayor Jejomar Erwin “Junjun” Binay Jr. on the preventive suspension order issued against him by the anti-graft body.

The Ombudsman submitted a new argument before the SC, amending its earlier theory presented during the oral argument in Baguio City stating that although the CA has jurisdiction over the petition of Binay, it has no authority to stop the suspension order pursuant to Section 14 of Republic Act No. 6770 or the “Ombudsman Act.”

In the new argument of the Ombudsman, which it stated in a memorandum, it was clear under the provision of the Ombudsman Act that the CA has no jurisdiction over the petition of Binay.

Because of this new theory, the SC ordered the camp of Binay to reply on the argument and also submit a comment on the memorandum of the Ombudsman.

Likewise, the SC also ordered the Ombudsman to comment on the memorandum of Binay, and the Office of the Solicitor General (OSG) to comment on the Ombudsman pursuant to its mandate as the lawyer of the government.

The SC gave the said parties a period of 10 days within which to submit their respective comments. (PNA)

SCS/PTR/EDS

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