Binay, son barred from leaving Philippines

MANILA, Philippines – The Sandiganbayan yesterday issued a hold departure order against former vice president Jejomar Binay Sr., his son dismissed Makati mayor Jejomar Erwin Binay Jr. and 19 others in connection with the allegedly overpriced construction of the P2.28-billion Makati City Hall parking building.

The Binays and other respondents in the cases are barred from leaving the country except upon prior approval from the anti-graft court.

The two-page order was signed by Presiding Justice Amparo Cabotaje-Tang, chairperson of the Sandiganbayan Third Division.

But Binay’s lawyer said the hold departure order has no effect on the cases filed against the former vice president.

“A hold departure order is a necessary consequence of the mere filing of an information in the Sandiganbayan. It is applicable to all,” Binay’s legal counsel Daniel Subido said in a statement.

“However, it has no bearing at all on the merits of the case. We are confident that these frivolous cases will be dismissed,” he added.

The Bureau of Immigration (BI) said it was still waiting for the Sandiganbayan to furnish them a copy of the hold departure order as of 1:30 p.m. yesterday.

“We have not received a copy of the order… But of course we would implement it as soon as we get a copy,” said BI spokesperson Ma. Antonette Mangrobang.

Binay Sr. is facing four counts of graft, nine counts of falsification of public documents and one count of malversation of public funds in connection with the anomaly.

Binay Jr., on the other hand, is facing two counts of graft and one count of malversation as co-accused of his father.

Other respondents are former city administrator Marjorie de Veyra; former city legal officer Pio Kenneth Dasal; former budget officer Lorenza Amores; former city central planning management heads Virginia Hernandez and Line dela Peña; Giovanni Condes, Ulysses Orienza, Manolito Uyaco and Rodel Nayve.

Other co-accused are former city engineers Mario Badillo, Arnel Cadangan and Emerito Magat; former city accountants Leonila Querijero and Cecilio Lim III; former acting city accountant Raydes Pestaño; former city treasurer Nelia Barlis; former General Services Department officer Norman Flores; and private individuals Orlando Mateo from Mana Architecture and Interior Design Co. (MANA) and Efren Canlas of Hilmarc’s Construction Corporation.

According to court records, the Binays and Makati City officials awarded a contract to MANA for the first and second phases, or the design stage, of the Makati City Hall Building II project allegedly without holding a public bidding.

The Office of the Special Prosecutor (OSP) said payments totaling P11,011,294.77 were given to MANA “despite its failure to deliver the approved plans and specifications under the contract.”

The OSP said Binay Sr. and son must also be held accountable for the construction stage of the project by awarding to Hilmarc from 2007 to 2011 three contracts totaling P1.486 billion allegedly through “simulated public bidding.”

The OSP said the contracts were awarded to Hilmarc despite the absence of approved budget appropriation, project plan and specifications.

Binay and son also allegedly approved the release of payments to Hilmarc despite being aware that its accomplishment reports were “baseless” as there were no supporting documents submitted to them.

The OSP added that Binay Sr., in conspiracy with other respondents, also falsified the Post Qualification Report despite knowing that there was no real bidding conducted. – Rhodina Villanueva, Helen Flores, Evelyn Macairan