Former Makati Mayor Jejomar Erwin “Junjun” Binay Jr., son of Vice President Jejomar Binay, has been formally charged in the Sandiganbayan with graft and falsification of public documents over the anomalous construction of the P2.2-billion Makati City carpark building.
The Office of the Special Prosecutor filed two counts of violations of Section 3(e) of the Anti-Graft and Corrupt Practices Act, as well as six counts of falsification of public documents, against Binay for his involvement in the alleged rigging for the construction of the P2.2-billion Makati City Hall Building II, deemed the country’s priciest building.
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The Ombudsman prosecution did not include in the charge sheet the Vice President, who was earlier indicted with his son.
Because of the Vice President’s immunity from suit, the Ombudsman said it would file the charges after the end of his term.
In a statement, spokesperson Rico Quicho said the Ombudsman’s filing of charges against the Binay family was part of the “demolition by perception” being waged by Liberal Party against the opposition.
“These are politically calculated moves which are part of the demolition by perception efforts being waged by the Liberal Party against the Vice President,” Quicho said.
READ: Binay camp says Ombudsman part of LP’s ‘demolition by perception’
In indicting the Binays, the Ombudsman said the Vice President and his son approved the bids and awards committee resolutions, notices of awards, contracts and payments using unnumbered/undated disbursement vouchers and obligation requests despite the anomalies.
Lack of public bidding
The Binays awarded the procurement of the design to Mana Architectural and Interior Design (Mana) despite lack of public bidding, the Ombudsman said.
They also allegedly rigged the bidding to favor Mana and approved the release of P11.97 million payment to the firm despite the anomalies.
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The bids and awards committee also completed the procurement process for the building with undue haste or in only 11 days.
The procurement for the construction, meanwhile, was awarded to Hilmarc’s Construction despite lack of invitations to bid. Hilmarc’s was the lone bidder in four phases of the project.
The construction began despite the absence of approved design standards, contract plans, agency cost estimates, detailed engineering and programs of work.
The Ombudsman also noted collusion among city officials and Hilmarc’s to rig the public biddings.
READ: What went before: Makati City Hall Building II probe
The younger Binay’s graft charges stemmed from allegations that he and other Makati City officials made it appear that Hilmarc’s was the lowest bidder even though there was no actual public bidding.
Binay’s first graft charge involved the contract for Phase IV of the construction with Hilmarc’s despite the absence of the project’s accepted and approved plans and specifications, as well as the failure of Hilmarc’s to post its performance security.
He also approved the release of the P649.2 million for the contract to Hilmarc’s even though the accomplishment report was baseless and the supporting documents had deficiencies.
His second graft charge involved the contract for Phase V of the project.
Binay released a P141.6 million payment for the contract to Hilmarc’s even though the accomplishment report was baseless and the supporting documents had deficiencies.
His charges for falsification of public documents, meanwhile, stemmed from his alleged role in falsifying a July 7, 2011, issue of Balita newspaper as well as an affidavit of publication to make it appear that an invitation to apply for eligibility and to bid was published.
Binay was also accused of falsifying the bids and awards committee resolution which said there was an invitation to bid published in a newspaper; there was public bidding; and there was only one bidder (Hilmarc’s), when in fact none took place.
Falsification of affidavit
He was also charged of falsifying a publisher’s affidavit pertaining to the publication of an invitation to bid for the construction of the building when in fact the publisher had denied executing such affidavit.
Binay had been ordered dismissed and perpetually barred from public office over the administrative offenses of misconduct and dishonesty in connection with the anomalies surrounding the Makati car park building.
Also charged with him are Makati officials former city administrator Marjorie de Veyra, acting city administrator Eleno Mendoza Jr., city legal officer Pio Kenneth Dasal, city budget officer Lorenza Amores, bids and awards committee (BAC) vice chair Gerardo San Gabriel, BAC secretariat Manolito Uyaco, BAC technical working group chair Rodel Nayve, central planning management office chief Line de la Pena, civil engineer Connie Consulta, Makati treasurer Nelia Barlis, Makati accountant Cecilio Lim III, and former city engineer Mario Badillo,
Efren Canlas, representative of Hilmarc’s, was also charged with Binay Jr.
The charge sheets were certified by graft investigating officer Anna Isabel Aurellano and approved by Ombudsman Conchita Carpio Morales.
The bail bond for each graft charge is set at P30,000 and each falsification charge at P24,000. CDG/RC