Ex-city accountant tagged in P2-B Makati building case

MANILA, Philippines - The Third Division of the anti-graft court Sandiganbayan has granted the request of the Office of the Ombudsman to include former city accountant Raydes Pestaño as among the co-accused in graft cases against former Makati mayor Jejomar Erwin “Junjun” Binay Jr. over the alleged anomalous construction of a P2.2-billion parking building.

In a nine-page resolution dated Jan. 18, the Third Division agreed with the prosecution that the “determination of who should be criminally charged is essentially an executive function” and not a judicial function.

Associate Justices Sarah Jane Fernandez and Reynaldo Cruz concurred with the ruling penned by Justice Amparo Cabotaje-Tang.

The court gave weight to the Sept. 7, 2015 resolution of the ombudsman identifying Pestaño as among the city officials who “conspired” in processing and releasing P141.649 million as payment to Hilmarc’s Construction Corp. for Phase V of the P2.2-billion Makati City Hall Building II project.

The ombudsman said the payment was released to Hilmarc’s despite rigged bidding, lack of approved project plans and falsified accomplishment reports.

While Pestaño was repeatedly mentioned in the body of the resolution, her name was omitted in the dispositive portion of the ruling, prompting the ombudsman to issue another resolution on June 20, 2016 ordering her inclusion in the information of the graft cases filed before the Sandiganbayan.

Binay Jr. is facing four counts of graft, six counts of falsification and one count of malversation for the anomalous construction of the Makati City Hall Building II also referred as the Makati parking building.

His father, former vice president Jejomar Binay Sr., is facing four counts of graft, nine counts of falsification of public documents and one count of malversation in connection with the parking building anomaly.