Ombudsman hits Mayor Binay’s ‘hakot’ system, stands firm on suspension

MANILA, Philippines—Ombudsman Conchita Carpio Morales on Tuesday insisted on the imposition of their preventive suspension order against Makati Mayor Junjun Binay as he faced a malversation probe, saying the temporary restraining order (TRO) Binay secured from the court was moot and academic.

The Ombudsman also scored Binay’s so-called “hakot” system, or practice of gathering and paying off people to camp out to support a politician during times of political turmoil.

Ombudsman Conchita Carpio-Morales. INQUIRER FILE PHOTO

With so-called supporters on his back, Mayor Binay, the son of Vice President Jejomar Binay, has defied the six-month suspension order as he holed himself up at the Makati City Hall before the issuance of the TRO.

“Ombudsman Morales denounces the alarming practice of suspended public officials encouraging the massing of people who obstruct or hinder the proper exercise of the functions of the office,” Morales’ statement read.

Morales also said the dispositive portion of the Court of Appeals resolution granting Binay’s request for a TRO was “silent” on what it seeks to restrain.

Morales said long before the TRO was granted, the Department of Interior and Local Government was already able to serve the suspension order against Binay.

The Ombudsman also said Mayor Binay’s replacement Vice Mayor Romulo Peña Jr. had already been sworn in as acting Makati mayor before the issuance of a TRO.

The Ombudsman has yet to receive a copy of the TRO, but it has received a copy of the resolution granting Binay’s request.

In the DILG’s Compliance Report submitted by DILG NCR Director Renato Brion to the Ombudsman, the DILG served the suspension order around 8:30 a.m. on March 16, while Peña was sworn in 9:47 a.m.

THERE YOU GO Makati City Mayor Jejomar Erwin “Junjun” Binay answers questions from the media during a press conference at Makati City Hall, where he has holed up since Wednesday night. EDWIN BACASMAS

The Ombudsman suspended Mayor Binay and 20 others without pay for six months as they faced graft, malversation and falsification of documents in connection with the allegedly overpriced Makati parking building.

Binay was suspended from office as he may use his position to frustrate witnesses or tamper with evidence, the Ombudsman said.

The suspension order was imposed as the Ombudsman was set to start its preliminary investigation on Mayor Binay’s father Vice President Jejomar Binay, Mayor Binay and 22 others for malversation, falsification, graft and violation of the procurement law in connection with the allegedly overpriced Makati City Hall Parking Building.

Vice President Binay was not ordered suspended because he was not included in the administrative complaint.

Besides the criminal charges, the respondents except for VP Binay face the administrative raps for grave misconduct, serious dishonesty and conduct prejudicial to the best interest of the service.

The Ombudsman Special Panel of Investigators had filed its complaint against the respondents for the alleged overpricing of the parking building which started construction in 2007 when Vice President Binay was mayor.

According to the Ombudsman, the preliminary investigation will look into the alleged irregularities in the procurement and award for the design and architectural services as well as the construction of the parking building built along F. Zobel street.

The complaint said the respondents awarded the P11.9-million contract for the design and architectural services to Mana Architecture and Interior Design Company without public bidding.

It also said that payment for the contract was released to Mana even without the deliverables made.

The first two phases of the construction of the building also proceeded without a detailed engineering plan, contrary to procurement rules, the complaint said.

Meanwhile, Hilmarc Construction, the contractor allegedly behind the overpriced construction, was purportedly awarded with the contract despite irregularities and use of falsified documents, the complaint said.

The complaint also said there were two losing bidders in the contract. But as it turns out, one of the bidders denies participation while the other is nonexistent.

Besides Mayor Binay, suspended from their government posts are former city administrator Marjorie de Veyra, city legal officer Pio Kenneth Dasal, city budget officer Lorenza Amores, former central planning management office (cpmo) chief Virginia Hernandez, former city engineer Mario Badillo, former city accountant Leonila Querijero, former acting city accountant Raydes Pestaño, city accountant Cecilio Lim III, acting city accountant Eleno Mendoza, city treasurer Nelia Barlis, CPMO engineers Arnel Cadangan, Emerito Magat and Connie Consulta, CPMO chief Line dela Peña, bids and awards committee (bac) secretariat heads Giovanni Condes and Manolito Uyaco, technical working group (TWG) chair Rodel Nayve, BAC member Ulysses Orienza, general services department (GSD) OIC Gerardo San Gabriel, and GSD staff member Norman Flores.

The Ombudsman probe stemmed from a plunder complaint filed by Renato Bondal and Nicholas Enciso VI.

According to the plunder complaint, the construction of the building worth P1.56 billion was overpriced, citing National Statistics Office construction data which amount the average cost of the building that year at P245.6 million only.