Binays can still appeal criminal case

MANILA, Philippines - Vice President Jejomar Binay and his son, Makati City Mayor Jejomar Erwin Binay Jr., may still appeal the Office of the Ombudsman’s decision indicting them on charges of graft, malversation of public funds and falsification of public documents in relation to the allegedly overpriced construction of the Makati City Hall Building II.

Based on the rules, the ombudsman said the Binays have five days to file motions for reconsideration of the criminal cases upon official receipt of the copy of the ruling or decision.

On Monday, Ombudsman Conchita Carpio-Morales announced there was sufficient basis in filing the charges against the Binays and 22 other respondents before the Sandiganbayan.

However, the charges against the younger Binay and other respondents will not be elevated to the anti-graft court yet as the Office of the Ombudsman will wait for the appeals that the respondents are expected to file within the required five-day period.

The criminal charge against the Vice President will also have to wait since the Office of the Ombudsman believes this can only be filed after his term ends next year.

Sens. Aquilino Pimentel III and Antonio Trillanes IV, however, argued the Vice President may be charged with a crime in spite of the fact that he is an impeachable officer.

Pimentel said there was nothing in the Constitution that provides for the immunity from suit of the vice president.

He said the ombudsman should have proceeded with the filing of criminal cases against the Vice President and just let him contest this in court.

“The problem is now the ombudsman has restrained itself. They took a very conservative approach. They are recognizing the Vice President’s immunity from suit,” he said.

Trillanes, for his part, said there should be a clear distinction between impeachment and the filing of criminal charges.

He argued the Vice President cannot be removed from office except through impeachment but he can be charged and detained for a criminal offense.

Trillanes cited as examples the cases of Sens. Juan Ponce Enrile, Jinggoy Estrada and Ramon Revilla Jr., who were all charged and detained but not removed from office.

With the forthcoming filing of criminal charges against Binay Jr., Trillanes said this substantiated the findings of the Senate Blue Ribbon subcommittee against the Binays in its investigation into the alleged anomalies committed during their tenure as the mayors of Makati City.

“This shows that the investigation of the Senate Blue Ribbon subcommittee was not politically motivated,” he said.

As for the administrative cases against Mayor Binay, which have resulted in the issuance of an order last week dismissing him from government service and perpetually disqualifying him from holding public office, the local chief executive may file a motion for reconsideration within a 10-day period after official receipt of the decision.

The criminal and administrative cases against the Vice President and his son both stem from their roles in the allegedly overpriced construction of the Makati City Hall parking building from 2007 to 2013.

Ombudsman investigators said the contracts for the six phases of construction were irregularly awarded to Mana Architecture and Interior Design Co. and Hilmarc’s Construction Co.  

The Binays have denounced the rulings as a form of political persecution considering that the father is running for president in the May 2016 national elections while the son is running for re-election. 

Time to answer

Malacañang expressed belief that the filing of cases against Binay and his son would not backfire on the administration this election season, saying it was time for the two to answer the allegations against them.–  Marvin Sy, Aurea Calica