Ombudsman indicts Binay, son, but...

MANILA, Philippines - The Office of the Ombudsman has found probable cause to charge Vice President Jejomar Binay and his son Makati City Mayor Jejomar Erwin Binay with multiple counts of graft and malversation of public funds through falsification of public documents before the Sandiganbayan for their alleged role in the overpriced construction of the Makati City Hall Building II from 2007 to 2013.

The Binay camp cried foul over the latest ombudsman move, questioning saying it was meant to stop the vice President’s presidential bid.

Also ordered indicted before the anti-graft court were 22 other current and former government officials and private individuals, including Marjorie de Veyra, Pio Kenneth Dasal, Lorenza Amores, Virginia Hernandez, Line dela Peña, Mario Badillo, Leonila Querijero, Raydes Pestaño, Nelia Barlis, Cecilio Lim III, Arnel Cadangan, Emerito Magat, Connie Consulta, Ulysses Orienza, Giovanni Condes, Manolito Uyaco, Norman Flores, Gerardo San Gabriel, Eleno Mendoza Jr. and Rodel Nayve.

Also included in the indictment are Orlando Mateo from Mana Architecture and Interior Design Co. (MANA) and Efren Canlas of Hilmarc’s Construction Co.

However, Ombudsman Conchita Carpio-Morales said the filing of criminal cases against the Vice President would have to wait until after he finishes his term as an impeachable officer.

The ombudsman explained that such is “consistent with the principle that during incumbency, an impeachable officer cannot be the subject of a criminal offense filed with the court which carries the penalty of removal from office.”

Vice President Binay is being ordered indicted for acts committed when he was still mayor of Makati City for phases one and two of the construction project, while Mayor Binay would be charged for his involvement in phases three to six.

Morales said the criminal charges were all in connection with the anomalous bidding and construction of the Makati City Hall Building II, also called the Makati Parking Building, undertaken from 2007 to 2013.

The finding of probable cause, which can still be appealed through a motion for reconsideration, comes after more than one year of fact-finding and preliminary investigation which began in September 2014.

In two separate rulings on six docketed cases, the ombudsman said flagrant anomalies were allegedly committed by the Binays and their co-respondents in the design and construction of the building.

Documents supposedly show that Vice President Binay and Mayor Binay approved the bids and awards committee (BAC) resolutions, notices of awards, contracts and payments using unnumbered/undated disbursement vouchers and obligation requests.

Morales junked the Vice President’s contention that her office has no jurisdiction to investigate impeachable officials, explaining that “being an impeachable officer does not insulate him from investigation.”

Offense as mayor

The ombudsman stressed that the Vice President is being investigated for criminal acts committed while he was a city mayor and not as vice president.

“At all events, impeachable officers, like Binay Sr., are within the investigatory power or jurisdiction of this Office,” the anti-graft agency’s ruling stated.

Investigation revealed that the services of MANA were allegedly engaged without the benefit of public bidding as documents established so-called badges of fraud committed by the respondents in manipulating the procurement to ensure the award of contract to the contractor.

Specifically, probers said there was processing and approving of a series of four payments totaling to P11.97 million despite the incomplete submission of deliverables such as design plans, working drawings and technical specifications.

Ombudsman investigators said procurement violations were also committed, including the absence of publication of invitations to bid as provided for in Republic Act 9184 or the Government Procurement Reform Act.

Allegedly, there was undue haste in the award of the contracts as it took the BAC only 11 days to complete the procurement process for the multimillion-peso infrastructure project. With Helen Flores