Ombudsman files graft, malversation raps vs Binay

MANILA, Philippines - Exactly two weeks after ending his term as vice president and losing his immunity from suit, Jejomar Binay was indicted for graft, malversation of public funds and falsification of public documents for his role in the allegedly anomalous and overpriced construction of the P2.2-billion Makati City Hall Building II from 2007 to 2013.

The Office of the Ombudsman, through its prosecutors and graft investigators, filed the criminal complaints before the Sandiganbayan yesterday.

Binay was indicted for four counts of graft, one count of malversation of public funds and nine counts of falsification of public documents along with several other respondents that included his son, former Makati City mayor Jejomar Erwin Binay Jr.

The former vice president, who lost in the May 2016 presidential elections, was earlier excluded from the list of respondents to the cases because he was an impeachable official and had immunity from suit.

But as Ombudsman Conchita Carpio-Morales said earlier, the criminal complaints were eventually lodged now that Binay can no longer invoke immunity.

The younger Binay was charged several months ago for four counts of graft, six counts of falsification of public documents and one count for malversation of public funds.

Named respondents to the first cases and also being indicted in the new batch of charges were city officials Marjorie de Veyra, Pio Kenneth Dasal, Lorenza Amores, Virginia Hernandez, Line dela Peña, Mario Badillo, Leonila Querijero, Raydes Pestaño, Nelia Barlis, Cecilio Lim III, Arnel Cadangan, Emerito Magat, Connie Consulta, Ulysses Orienza, Giovanni Condes, Manolito Uyaco, Norman Flores, Gerardo San Gabriel, Eleno Mendoza Jr. and Rodel Nayve. 

Also included in the indictment are Orlando Mateo from Mana Architecture and Interior Design (MANA) and Efren Canlas of Hilmarc’s Construction Co.

The former vice president is being charged for his involvement in the alleged anomaly as mayor of Makati City from 2007 to 2010 while his son is charged for his supposed role in the same when he took over from 2010 to 2013.

Ombudsman probers said no public bidding was conducted prior to engaging the services of MANA as project designer as evidence supposedly showed the procurement process was manipulated to ensure the award of contract to the firm.

The Office of the Ombudsman explained that “the purported negotiation and evaluation of bid proposals in November 2007 was conducted with extraordinary speed as for one hour only, the Bids and Awards Committee (BAC) completed the entire negotiation proceedings where bid proposals of seven architectural firms that allegedly participated in this multi-million project were opened and evaluated.”

Investigation showed that even the Commission on Audit (COA) Fraud Audit Office’s Initial Evaluation Report noted that the negotiated procurement adopted by the BAC was improper.

City officials allegedly colluded with Hilmarc’s to manipulate the outcome of the five public biddings for the purpose of ensuring that Hilmarc’s would be awarded the questionable contracts.

Joey Salgado, spokesman for the former vice president, slammed the filing of the criminal charges and dubbed the same as baseless and politically motivated cases that should be junked.

He said that despite the change in administration the ombudsman had showed that she is a protector of the Liberal Party. 

“We know that charges have been filed against the leaders of the LP over the anomalous Disbursement Acceleration Program (DAP),” he said.

“To divert the anger of the people from their patron, ombudsman prioritized the filing of the defective case against vice president Binay. Clearly this is a diversionary move intended to shield her political patrons from public indignation,” he added.

Salgado claimed that the ombudsman’s fealty to the Constitution and to the public interest has long been compromised by her willingness to be a tool for political ends.

He said the ombudsman violated due process, constitutional rights and even its own rules to railroad the filing of the complaint.

“Former VP Binay is ready to face his accusers and clear his name in a fair and impartial hearing. The ombudsman should also be ready to account for her actions in the civil suit now pending before the courts,” he stressed.

Meanwhile, Vice President Leni Robredo dismissed Binay’s claims of partisanship of the ombudsman.

“In fairness to the ombudsman, if you look at the cases that she held, she was not selective when it came to the party,” she said in Filipino yesterday.

Robredo is the LP member who currently holds the highest government post.

She noted that during the campaign, a number of their party members felt that the former administration was not able to protect them from investigations.

“It is true that there are a lot in the opposition passed judgment upon, but there are also a lot from LP,” she said. “The reality is that the ombudsman is independent. The fact that many in the majority were indicted, it shows that she is really doing her job.”

Sen. Antonio Trillanes IV welcomed the filing of criminal charges against Binay.

Trillanes, who initiated the inquiry by the Senate Blue Ribbon subcommittee on the issue, said that the move of the ombudsman was a vindication for him and his colleagues who pursued the issue. – With Janvic Mateo, Marvin Sy