Junjun Binay told to vacate city hall, respect the law
TWO administration lawmakers on Tuesday urged Makati Mayor Junjun Binay, son of Vice President Jejomar Binay, to comply with the preventive suspension order.
In a press conference on Tuesday, Liberal Party member Caloocan Representative Edgar Erice lamented the violence that erupted during the standoff early Tuesday at the Makati City Hall when Binay’s supporters threw monobloc chairs at police officers manning barricades.
He said the Binay camp should vacate the City Hall and wait for the Court of Appeals’ decision on their petition for temporary restraining order on the preventive suspension order by the Ombudsman over the alleged overpriced Makati Science Building.
“Ang utos ng Ombudsman, immediately executory. Dapat ang batas sinusundan ng mga Binay. Habang hinihintay nila ang desisyon ng Court of Appeals, dapat bumaba siya sa pwesto nang tahimik, “Erice said.
Erice said Mayor Binay should not hide behind his supporters who resorted to violence in their show of support for the embattled local chief executive.
“Huwag niyang ipain ang mga supporters nila sa Makati kapalit ng pagkain at konting barya,” he added.
For his part, Akbayan Rep. Barry Gutierrez said the Binays showed their indifference to the rule of law by tolerating violence in the Makati standoff.
“Imbes na igalang ang kapangyarihan ng Ombudsman, hindi lang hindi pinapansin, aktibong nilalabanan pa. Yung mga supporters ni Mayor Binay nagbabato ng silya. Hindi magandang tingnan ang implikasyon sa rule of law,” Gutierrez said.
Erice also rebuked Vice President Binay for ganging up on Senior Superintendent Elmer Jamias when the latter blocked him and some supporters from entering the city hall on Monday night.
Jamias, who said he would file charges of physical injury, direct assault on a person of authority, oral defamation and grave threat against the Vice President, said Binay allegedly badmouthed him and collared Chief Inspector Gideon Ginez for purportedly pushing away Aida Dizon, the sister of his wife Dr. Elenita Binay, when she tried to enter the City Hall. Ginez denied Binay’s claim.
“Kanina, (kinuwelyahan) pa niya yung pulis. Ibig sabihin, kinukunsinti pa niya ang paglabag ng anak niya sa inuutos ng batas,” Erice said.
He said the Binays in defying the Ombudsman’s order is acting like the “demigods” of Makati, adding that they keep on citing politics instead of addressing the corruption allegations against them.
“Akala nila they own the city hall… Pulitika at ang Liberal Party ang lagi nilang justification. Sila naman ang gumawa nito sa kanila,” Erice said.
Gutierrez, meanwhile, said the Vice President and his son swore to follow the law as elected public officials and thus they should respect the Ombudsman’s order as mandated by law.
“Bilang isang public official, ang una mong gagawin ay ikaw ay susumpa na susunod ka sa batas. Gagalangin mo ang duly constituted authorities (like the Ombudsman),” Gutierrez said.
Ombudsman Conchita Carpio Morales on Monday ordered the preventive suspension of Junjun Binay Jr and 14 other respondents in seven administrative cases for grave misconduct, dishonesty and conduct prejudicial to the best interest of the service, in connection with the alleged P1.349-billion Makati Science High School building anomaly.
But Binay’s camp refused to receive the order, prompting the Department of the Interior and Local Government servers to post the Joint Order on the city hall’s main door.
According to the special panel of investigators cited in the statement, Mayor Binay and 14 others “mutually aided one another” in the rigging of the procurement and award of the P17.3 million contract for the architectural design and engineering services to favored pre-selected bidder Infiniti Architectural Works from 2007 to 2008.
The respondents were also accused of rigging the contract of another favored bidder, Hilmarc’s Construction Corp., for six phases of construction from 2007 to 2014 involving the amounts of P99.631 million, P174.508 million, P149.504 million, P394.140 million, P349.559 million, and P165.264 million, respectively.
Republic Act 6770 or the Ombudsman Act gives the Ombudsman powers to suspend a public official over administrative charges if the evidence of guilt is strong, and the charges against the official involve dishonesty, oppression or grave misconduct or neglect in performance of duty
The Ombudsman can also preventively suspend an official for six months to prevent an official from using his or her position to thwart the probe.
The Ombudsman had already preventively suspended Mayor Binay on separate charges over Makati City Hall Building II on March 11, but this was later stalled by the Court of Appeals.
The issue on whether or not the Ombudsman can suspend a reelected official is now pending before the Supreme Court. Mayor Binay’s lawyers had cited the Supreme Court ruling, which institutionalized the Aguinaldo doctrine, which states that an official may be condoned from charges involving his or her past term following his or her reelection.
