Binay slams ombudsman for 'violating' his right to due process

MANILA, Philippines — The camp of former vice president Jejomar Binay Sr. on Friday slammed Ombudsman Conchita Carpio-Morales over its supposed hasty and biased probe on the alleged anomalies surrounding the construction of the P1.3-billion Makati Science High School building.

READ: Binay, son face graft, falsification charges l Binay camp: Ombudsman pursuing witch hunt vs ex-VP's family

“In her (Morales) haste to indict former Vice President Jejomar C. Binay, the Ombudsman committed the unforgivable act of denying him his right to answer the allegations against him,” Binay's spokesperson Joey Salgado said in a statement.

Salgado said Binay will move for the reinvestigation of the complaint as the ombudsman issued its resolution without seeking for his affidavit.

In two separate resolutions dated August 1, released to the media on Friday, Morales ordered the filing of four counts each of graft and three counts each of falsification of public documents against Binay and his son, former Makati mayor Jejomar Erwin “Junjun” Binay Jr.

The ombudsman said the awarding of the P17.37-million architectural and engineering (A & E) design contract to Infiniti Architectural Works and the P1.33 billion construction contract to Hilmarc’s Construction Corporation were attended with several irregularities such as the resort to negotiated procurement instead of competitive bidding and the non-publication of the invitation to bid.

Salgado said the ombudsman conducted its preliminary investigation on the matter during Binay's term as vice president despite a Constitutional provision giving impeachable officials immunity from suit while they are in office.

Salgado said the anti-graft body did not bother to get an official reply from Binay, even after he ended his term in July 2016.

“This is a clear denial of due process and a violation of Constitutional rights. The Ombudsman cannot claim to speak for rights and due process when she herself observes them selectively,” Salgado said.

“VP Binay will definitely ask for a reinvestigation,” he added.

Salgado said the “hasty” resolution of the complaint, only shows that Morales is letting her office be used by the previous administration in persecuting Binay and his family.

“This only proves our point: that even after the Liberal Party has ended its reign, the Ombudsman continues to pursue the game plan against former VP Binay contained in the yellow playbook,” Salgado said.

Salgado, also maintained that there was no irregularity the construction of the ten-storey Makati Science High School building, contrary to the allegation of the Binays' former ally, Renato Bondal, that the building was overpriced.

“We would also like to stress that the resolutions issued by the Ombudsman Thursday did not find any evidence of alleged overpricing in the construction of Makati Science High School," Salgado said 

"The indictments merely found alleged violations in the bidding process. These allegations, however, have been answered extensively by former Mayor Junjun Binay but the Ombudsman chose to disregard them,” he added.