Junjun Binay defiant over Ombudsman’s second suspension order

Makati City Mayor Jejomar Erwin “Junjun” Binay. RICHARD A. REYES FILE PHOTO

Makati Mayor Junjun Binay on Monday refused to accept the second preventive suspension order imposed upon him by the Office of the Ombudsman.

In a statement, Ombudsman Conchita Carpio Morales said her office issued the preventive suspension order on Junjun Binay, son of Vice President Jejomar Binay, on Monday over the allegedly overpriced Makati Science High School Building but the Makati chief executive refused to receive it when it was served at his office at the Makati City Hall.

The Joint Order was then served at Binay’s residence, the Ombudsman said.

READ: Ombudsman issues 2nd suspension order vs Mayor Binay

“Ombudsman Conchita Carpio Morales ordered the preventive suspension of Makati mayor Jejomar Erwin Binay Jr and 14 other respondents in seven administrative cases, all for grave misconduct, dishonesty and conduct prejudicial to the best interest of the service, in connection with the alleged irregularities that attended the Makati Science Highs School building construction worth P1.349 billion,” the Ombudsman’s statement read.

The Ombudsman also said the respondents, including Vice President Jejomar Binay as former Makati mayor, face criminal charges of falsification and violations of the Anti-Graft and Corrupt Practices Act. Also facing criminal charges are former Department Head II Rodel Nayve, former Department Head II Marjorie De Veyra, and some officials of Infiniti Architectural Works and Hilmarc’s Construction Corp.

“Despite efforts to personally serve the 12-page Joint Order, Mayor Binay and his office staff refused to receive a copy of the Joint Order and prevented the process servers to leave the Joint Order in his office. The process servers thereupon served a copy of the order in his residence,” the Ombudsman said.

This after the Ombudsman probers who conducted the fact-finding investigation recommended graft charges against Vice President Binay, Mayor Binay and other Makati city officials over the alleged rigging of the bidding for the construction of the 10-story Makati Science High School building.

As part of its powers, the Ombudsman may place an accused official under preventive suspension on the administrative charges pending the preliminary investigation to prevent the official from using his or her position to thwart the probe.

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.

“Since their respective positions give them access to public records and influence to possible witnesses, and considering the apparent repeated and similar schematic pattern applied in these transactions, respondents’ continued stay in office may prejudice the cases filed against them,” a portion of the Joint Order cited in the statement read.

Also ordered preventively suspended with Mayor Binay are the following city officials: Assistant Department Head II Pio Kenneth Dasal, Department Head II Lorenza Amores, City Accountant III Leonila Querijero, Acting City Accountant Cecilio Lim III, Department Head II Nelia Barlis, Engineering Assistant Norman Flores, Chief Administrative Officer Giovanni Condes, Administrative Officer V Ralph Liberato, Assistant Department Head II Ulysses Orienza, Bids and Awards Secretariat Head Manolito Uyaco, Department Head II Eleno Mendoza Jr. and Department Head II Mario Badillo.

The Ombudsman said it has directed Interior Secretary Mar Roxas to immediately implement the suspension order.

The antigraft body added that based on Republic Act 6770 or the Ombudsman Act, it can suspend a public official pending an investigation if the evidence of guilt is strong, and the charges against the official involved dishonesty, oppression or grave misconduct or neglect in performance of duty.

The Ombudsman had already preventively suspended Mayor Binay on the separate charges over the allegedly overpriced 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 a reelected official may be spared from charges involving his past term.

Only Mayor Binay and other Makati city officials (except Vice President Binay) were preventively suspended for the Makati parking building case on the administrative charges of grave misconduct, serious dishonesty and conduct prejudicial to the best interest of the service.

The respondents were also accused of malversation, falsification, graft and violation of the procurement law over the alleged overpriced Makati parking building.