Former poll chief Sixto Brillantes Jr. on Tuesday sided with the camp of Makati Mayor Junjun Binay and said the Department of the Interior and Local Government made an error in serving Binay’s suspension order without waiting for the Court of Appeals stay order.
Speaking to ANC’s Headstart, Brillantes said the DILG tried to preempt the CA temporary restraining order by serving Binay’s suspension order without waiting for the court’s decision.
“They are saying huli na ang TRO and that the suspension order has been served and the mayor has taken his oath but that is totally incorrect. As far as I am concerned, that is totally incorrect,” he said.
“Pinreempt lag talaga. Para bang nararamdaman na nila na may TRO so i-serve na natin,” he added.
Binay, son of Vice President Jejomar Binay, and Vice Mayor Romulo Peña have been locked in a power struggle in Makati after the Ombudsman issued an order for Binay’s preventive suspension for six months.
The DILG served the order last week but the appellate court decided to issue a temporary restraining order stopping the Ombudsman order.
The Ombudsman earlier said the CA order is considered moot since the suspension order had already been served.
Brillantes, however, said Binay should still be considered the mayor since Peña never assumed office as mayor right after the suspension order was served.
He said three things are needed for the vice-mayor to take over as acting mayor: the service of the suspension order, the oath-taking and the assumption into office.
The former poll chief said the DILG was able to serve the order and administer the oath but Peña failed to assume office before the TRO came out.
“The oath-taking is separate from the assumption. The TRO came in a little bit late but you cannot go on a technicality. Hindi pa naman siya nag a-assume. The oath-taking does not give you the right to assume immediately. You have to start functioning and he never started functioning,” Brillantes said.
Brillantes, who stepped down as chairman of the Commission on Elections just last month, said the poll body usually waits five days before serving an order to unseat an elected official.
He said the five days allows the official to seek all legal remedies before the order is served.
In the case of Binay, he said the DILG decided to serve the suspension order on the fifth day without bothering to wait for the court’s decision.
“Parang hinahabol nila, preempting the action of the Court of Appeals. Alam nila na may petition na. Sana naman hinantay ng DILG kung mag i issue o hindi,” he said.
This story was re-published with permission from ABS-CBNnews.com.
Photo: UNTV
