MANILA, Philippines - Despite complaints filed against Vice President Jejomar Binay, Ombudsman Conchita Carpio-Morales admitted yesterday that he will remain immune from suit if elected president next year.
“As president, he has immunity for as long as he is president but when he finishes his term then we can file a case against him, if we find probable cause,” she told reporters in a chance interview.
Morales said her anti-graft agency maintains its position that Binay, as vice president, is an impeachable official.
“That’s what we said in our resolution. Because he is an impeachable officer and because of jurisprudence, even if he is alleged to have committed the offense or offenses when he was not yet impeachable, we have to defer the filing of the case because we found probable cause until after he becomes a non-impeachable official,” she explained.
Two months ago, the Office of the Ombudsman issued a decision finding probable cause to charge Binay and his son former 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 roles in the overpriced construction of the Makati City Hall Building II from 2007 to 2013.
But since Binay is running for president in the May 2016 elections, the Office of the Ombudsman said such immunity from suit will continue if he is elected president.
The Vice President is also being probed for his alleged role in the allegedly overpriced construction of a building of the Makati Science High School.
Asked about the status of the cases, Morales said “some cases against him are pending, some have already been resolved and some have pending motions for reconsideration.”
She said the final resolution of the cases under probe depends on the complexity of the issues and the number of respondents in the complaint.