CARPIO-MORALES vs BINAY

GR No. 217126-27, Nov. 10, 2015

FACTS:
Binay, Jr. was charged with administrative and criminal cases over the anomalous activities involving the
procurement and construction phases of the Makati City Hall Parking Building, committed during his
previous and present terms as mayor of Makati. Binay, Jr. assails that he could not be held liable since
Phases I and II were undertaken before his term, and Phases III to V during his first term. His re-election
as mayor for a second term effectively condoned his liability thereof. The Ombudsman issued an order
placing Binay, et al. under preventive suspension order. However, the CA granted Binays prayer for TRO
enjoining the implementation of the preventive suspension order.

ISSUE:
Is the first paragraph of Section 14, RA 6770 insofar as it prohibits all courts (except the Supreme Court),
from issuing provisional writs of injunction to enjoin an Ombudsman investigation, valid and
constitutional?

RULING:
When Congress passed the first paragraph, it took away from the courts their power to issue a TRO and/or
WPI to enjoin an investigation conducted by the Ombudsman and it encroached upon the Courts
constitutional rule-making authority. These issuances, are matters of procedure which belong exclusively
within the province of the Court. The breach of Congress in prohibiting provisional injunctions does not
only undermine the constitutional allocation of powers, it also practically dilutes a courts ability to carry
out its functions. However, the Court is not oblivious to the policy considerations behind the first
paragraph. Thus, pending deliberation on whether or not to adopt the same, under the Courts sole
prerogative and authority over all matters of procedure, deems it proper to declare as ineffective the
prohibition against courts other than the Supreme Court from issuing provisional injunctions to enjoin
investigations conducted by the Ombudsman, until it is adopted as part of the rules of procedure through
an administrative circular duly issued.