Binay, son face graft, falsification charges

MANILA, Philippines - The Office of the Ombudsman has ordered the filing of graft and falsification charges against former vice president Jejomar Binay Sr. and his son, former Makati mayor Jejomar Erwin “Junjun” Binay Jr., along with 16 other former city government officials and three private persons before the Sandiganbayan.

The cases involve alleged bidding anomalies in the construction of the P1.3-billion Makati Science High School building in 2007.

The indictments came as no surprise to the Binay camp, spokesman Joey Salgado said in a statement.

He said the allegations hurled against the Binays have been answered “but apparently disregarded by the ombudsman.”

Salgado said it “underscores the selective prosecution of the Binays” as he expressed confidence that the accused would be able to clear their names and dispute the baseless charges “of the patently biased ombudsman” in a fair and impartial court trial.

In two separate resolutions  approved by Ombudsman Conchita Carpio-Morales on Aug. 1, the father and son were indicted with four counts each for violating Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act and three counts each for falsification of public documents under the Revised Penal Code.

Also ordered charged were then Bids and Awards Committee (BAC) chairpersons Marjorie de Veyra and Eleno Mendoza Jr. and members Pio Kenneth Dasal, Lorenza Amores, Ulysess Orienza, Gerardo San Gabriel and Mario Badillo; BAC Secretariat members Giovanni Condes, Manolito Uyaco, Norman Flores and Ralph Liberato; Rodel Nayve of the BAC Technical Working Group; city accountants Leonila Querijero, Cecilio Lim III and Raydes Pestaño; and city cashier Nelia Barlis.

Private respondents Virginia Garcia of Infiniti Architectural Works and Efren Canlas and Julius Ramos of Hilmarc’s Construction Corp. were also ordered charged with the same offenses.

The resolution made no mention of the plunder complaint filed in 2014 by former Binay ally Renato Bondal, which centered on the alleged overpricing in the construction of a Makati Science High School building.

“These charges tackled the issue of rigged biddings. The issue on overpricing is still being thoroughly investigated,” a source from the ombudsman told reporters in a text message.

Both Binays along with several other former Makati City officials are already facing charges before the Sandiganbayan for multiple counts of graft, malversation of public funds and falsification of public documents cases in relation to the construction of the Makati City Hall Building II, also referred to as the Makati parking building, which is allegedly overpriced at P2.2 billion.

The ombudsman filed the cases in February and July last year, shortly after Binay ended his term as vice president.

Bidding irregularities

In its new resolution, the ombudsman said the awarding of the P17.37-million architectural and engineering design contract to Infiniti Architectural Works and the P1.33-billion construction contract to Hilmarc’s Construction Corp. were attended with several irregularities, such as the resort to negotiated procurement instead of a competitive bidding and the non-publication of the invitation to bid.

The ombudsman said the consultancy services contract was awarded to Infiniti in September 2007 despite the lack of a project timeline within which the contractor must complete its services.

While the respondents claimed that seven companies were invited to submit proposals during a negotiation conference on Sept. 18, 2007, the anti-graft office pointed to witnesses, representing two of the identified architectural firms, who executed sworn affidavits denying they joined the bid negotiation or submitted proposals for the project.

Ombudsman investigators also noted that six of the purported bidders identified by the respondents tendered bids in excess of the Approved Budget for the Contract (ABC) and that only Infiniti submitted a bid within the ABC.

The ombudsman also questioned the irregular haste in the awarding of the contract on Sept. 19, 2007 or a day after the negotiation conference.

As to the construction of the 10-story building, the ombudsman said the respondents divided the project into six phases, all of the contracts for which were awarded to Hillmarc’s “through the falsification of bidding documents, suppression of information to prospective bidders and undue haste in the awarding.”

The construction of the building ran from 2008 to 2013, under the respective terms of Binay Sr. and Binay Jr. as Makati mayor.

In a separate resolution of the administrative complaint still in connection with Makati Science High School building, the ombudsman found Binay Jr. guilty of serious dishonesty, grave misconduct and conduct prejudicial to the best interest of the service.

Also found administratively liable were Dasal, Amores, Badillo, Querijero, Barlis, Lim, Condes, Flores, Orienza, Uyaco, San Gabriel, Mendoza Jr., Liberato and Pestaño.

The ombudsman ordered their dismissal from service, but since they were no longer in office, the anti-graft body said the penalty is convertible to a fine equivalent to their salary for one year and perpetual disqualification from holding public office, cancellation of civil service eligibility and forfeiture of retirement benefits.  – With Robertzon Ramirez