Kaban ni D_BystandeR: MAY BULOK PAMOLITA ANG PAGMAGAHI SA OMBUDSMAN???


The Ombudsman, Conchita Carpio-Morales, is standing firm behind her insistence that the suspension order she issued to Makati Mayor Binay is already in effect when the TRO issued by the CA was received by the mayor. She is trying to put on the line the high prestige and non-partisan role that her office was known and  expected to exercise in the face of highly challenging questions of integrity that her  office suffered as a result of her careless and arbitrary insistence that the suspension order still stands despite the TRO issued by the CA. Despite the lound, clear and  irrepressible stand shown by legal experts to the effect which strongly support the  unequivocal belief and interpretation that the TRO must be respected over what the  DILG did to support the stand of the Ombudsman and DOJ that the TRO was "already moot and academic" because the "order" was already served when the TRO arrived, even former Senator Aquilino "Nene" Pimentel Jr., the author of Local Government Code of 1991, supports the view and interpretation of the legal experts that the TRO must be respected. And De Lima, probably being enlightened with the recent development and not to be outdone has, just recently, withdrew her previous stand and issued a clarification that what she said about the TRO was only "advisory in nature" and has no "binding effect" in law. De Lima realizes the blunder she made and expressed a  gesture of "mea culpa" sensing that she made a misinterpretation about the TRO. Several independent legal luminaries advanced the proper way to react would be  to seek clarification from the issuing court - the CA - rather than to impose their self-serving interpretation to serve their political ends. But if Morales insists that her stand against the TRO stands, even if DOJ's De Lima has already retracted from her previous statement, then she is no better than her previous predecessor who driven out of office because of her highly partisan leaning to her appointing power to GMA. 

If Morales insists that her stand against the TRO stands, even if DOJ's De Lima  has already retracted from her previous statement, then she is no better than her previous predecessor, Merceditas Gutierrez, who was driven out of office and was ultimately forced to resign because of her highly partisan leaning to her  appointing power, GMA, and that same charge and accusation point to Morales as she is seen bending her interpretation of the law to please her appointing  power and her master - P-Noy. 

Footnote: This comment came out in connection with a news item in PDI, entitled, "Ombudsman hits Mayor Binay's "hakot' system, stands firm on suspension." It came out on March 25, 2015.

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