Ombudsman orders graft, falsification, malversation raps vs Binays

Ombudsman Conchita Carpio Morales and suspended Makati Mayor Junjun Binay (right) with his father, Vice President Jejomar Binay. INQUIRER FILE PHOTO

The Office of the Ombudsman ordered on Friday the immediate filing of criminal charges against suspended Makati Mayor Junjun Binay in connection with the allegedly anomalous construction of the P2.2-billion carpark of Makati City Hall building II.

Ombudsman Conchita Carpio-Morales likewise affirmed the finding of probable cause against him and his father Vice President Jejomar Binay, who is now aspiring for the presidential post, for multiple counts of graft, falsification of public documents and malversation.

However, due to Vice President Binay’s immunity from lawsuits, cases against him will be filed after the expiration of his term.

But charges are being readied against the sacked mayor and 22 other Makati city officials and employees after the Ombudsman affirmed their dismissal and lifetime ban from government service.

READ: Binay camp: Ombudsman ‘fits into orchestrated effort of LP, Roxas’

In three separate joint orders approved last Wednesday, Morales affirmed the finding of probable cause against the Binays for four counts of violation of Section 3 of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act, six counts of Falsification of Public Documents, and one count each for Malversation for their involvement in the various phases of the construction of the carpark project from 2007 to 2013.

​In the orders, the Ombudsman made it clear that the Ombudsman’s “authority to investigate Binay, Sr. is in accordance with the Constitution, law and jurisprudence.”

The joint orders also stated that heads of offices are required “to exercise necessary diligence in making sure that proper formalities in a transaction are observed.”

Manipulated procurement process

The younger Binay–along with 19 city officials–was suspended from their posts in October 2015.

READ: Ombudsman orders dismissal of Junjun Binay

Ombudsman Morales also ordered the filing of criminal complaints against Binay’s co-respondents including the chairman of Hilmarc Construction Corporation Engr. Efren Canlas, Orlando Mateo from Mana Architecture and Interior Design, Co., Marjorie De Veyra, Pio Kenneth Dasal, Lorenza Amores, Virginia Hernandez, Line Dela Peña, Mario Badillo, Leonila Querijero, Raydes Pestaño, Nelia Barlis, Cecilio Lim III, Arnel Cadangan, Emerito Magat, Connie Consulta, Ulysses Orienza, Giovanni Condes, Manolito Uyaco, Norman Flores, Gerardo San Gabriel, Eleno Mendoza, Jr., and Rodel Nayve.

The anti-graft body found that the Binays’ construction projects were awarded to Hilmarc’s despite the lack of the required publication of the invitations to bid.

The construction firm was the lone bidder in four out of five phases of the project.

All phases were completed during the term of Binay Sr. until that of Binay Jr.

The ombudsman said “no public bidding was conducted by Binay, Sr., et. al. prior to engaging the services of MANA as project designer.”

“The evidence showed the procurement process was manipulated to ensure the award of the contract to MANA; and that four payments totaling to P11.97 million were processed and approved despite the incomplete submission of deliverables such as design plans, working drawings, and technical specifications,” the Ombusdman added.

The anti-graft body noted that the construction of the carpark building began even in the absence of approved design standards, contract plans, agency cost estimates, detailed engineering and programs of work.

It also stressed that no “pre-procurement conference was undertaken and bid documents were made available only for one day in violation of procurement rules and regulations.” IDL