Probers of Makati Science High building recommend graft raps vs Binay

By: Nancy C. Carvajal - 10 years ago

A team of investigators from the Office of the Ombudsman has recommended the filing of charges against Vice President Jejomar Binay over the alleged rigging of the bidding for the construction of the 10-story Makati Science High School building (in photo).

A complaint-affidavit prepared by the five-member team was filed on June 8 in the Office of the Ombudsman.

But it was unclear what action had been taken by Ombudsman Conchita Carpio Morales on the recommendation, although the special panel chair, Adoracion A. Agbada, had reportedly ordered Binay and the other respondents in the case to reply to the charges.

Calls and text messages to Ombudsman spokesperson Rawnsie Lopez seeking comment on the affidavit, a copy of which was obtained by the Inquirer, were unanswered as of press time Monday night.

“The field investigation office files this complaint against the following for committing, in conspiracy with one another, the following criminal and administrative offenses,” the document said.

The charges involved violation of antigraft and corrupt practices laws, falsification of public documents, violation of code and ethical standards for public officials, violation of the procurement act, dishonesty and grave misconduct.

“The aforesaid offenses were committed during the procurement, bid and award of the contracts for the architectural and engineering services and the six contracts for the construction of the 10-story Makati Science High School.”

Respondents

Named respondents were the Vice President, his son Makati City Mayor Junjun Binay, Marjorie de Veyra, Pio Kenneth Ilano Dasal, Lorenza Amores, Norman Flores, Leonila Querijero, Cecilio Lim III, Nelia Argana Barlis, Giovanni Condes, Ralph Liberato, Ulysses Orienza, Manolito Uyaco, Gerardo San Gabriel, Raydes Pestano, Eleno Mendoza Jr., Mario Badillio, Rodel Nayve, Virginia Garcia, Efren Canlas and Julius Ramos.

The investigators recommended that the Makati City officials be placed under preventive suspension pending investigation.

They said the “bid and award of the contract for the construction, architectural and engineering services for Makati Science High School were rigged and prearranged to favor Hilmarc’s Corp., owned by Canlas, and Infiniti, owned by Garcia.”

Hilmarc’s construction cost was P1.33 billion for the six phases from 2007-2014; its design cost P17,446,760.

According to the complaint, “like any other big project in the City of Makati, Binay Sr. directed Nelson Morales, city engineer, to award in favor of the preselected bidder.”

Rigged bidding

The complaint said the respondents, in order to create an appearance of competition, picked up from a list of supposed competitors and falsified their documents and forged the signatures of their representatives.

Enclosed in the complaint were sworn statements of officials of the companies used in the bogus bidding stating they did not participate in the bidding process and that their documents were faked and their signatures forged.

Among the documents submitted as evidence was that of Alejandro H. Tengco, chief operating officer of J.Bros. He stated that his company never participated in the bidding for the construction of the high school building and did not authorize anyone to use the name of his firm. Tengco also denied that the signatures on the bid documents were his.

An affidavit of the advertising manager of the tabloid Balita stated that Makati officials did not publish any notice to bid for the construction of the high school building and that her signature was forged on the certificate of publication.

A copy of the issue of Balita taken from the National Library showed there was no publication of the notice of award as stated in the minutes of the awards committee.

Also submitted as evidence was the statement of Mario Hechanova, former vice chair of the city’s bids and awards committee, stating that the bidding was rigged on orders of Binay.

Bondal complaint

The recommendation of the investigators followed the filing in December last year of a plunder and graft complaint against the Vice President and his son for the alleged overpriced high school in Barangay Cembo.

The 11-page complaint of lawyer Renato Bondal and members of a group of anticorruption advocates urged Ombudsman Morales to charge the Binays criminally for allegedly conspiring to defraud the government of Makati City of P862 million in the construction of the school, described as the “priciest” of such facility in the country.

The project was built at a cost of P1.3 billion when the original estimated cost was only P470 million, according to the complaint. Construction started when the Vice President was still mayor of Makati and continued through the administration of his son.

Bondal was also among the complainants in the first plunder case against the Binays that his group filed in the Ombudsman in August 2014 in connection with the alleged overpriced Makati City Hall Building II, which was also investigated by the Senate blue ribbon subcommittee.

Last month, a special panel of investigators from the Office of the Ombudsman likewise found evidence against Binay, his son and 22 others, including the owner of Hilmarc’s for various criminal offenses in connection with the P2.2-billion parking building.