Binay son arrested, detained, released

MAYOR AS FATHER FIGURE The four children of Makati City Mayor Junjun Binay, a widower, throw a protective embrace around him after he’s forcibly brought by Senate security personnel to the session hall. MARIANNE BERMUDEZ

MANILA, Philippines—The Senate didn’t bend backward when it let go of Makati Mayor Jejomar Erwin Binay Jr. hours after serving the arrest order on him, Sen. Aquilino Pimentel III said on Thursday.

In its briefest hearing yet, the blue ribbon subcommittee released the mayor after allowing him to speak for a few minutes, avoiding a protracted legal drama with the family of Vice President Jejomar Binay.

“There’s a script here,” Sen. Antonio Trillanes IV was overheard as saying.

As soon as he arrived in his SUV, the younger Binay holed up at the detention room of the Senate Sergeant at Arms for more than two hours, virtually holding the subcommittee hostage.

When finally escorted to the session hall, packed with allies including former Senators Joker Arroyo and Rene Saguisag, the mayor remained defiant, saying he had said everything, and saw no reason in taking part in the hearing.

“No reason to appear here,” he told the committee.

The blue ribbon committee issued orders for the arrest of Binay and five others for skipping the subcommittee’s hearings on the allegations of corruption and ill-gotten wealth against the elder Binay.

“Not really,” Pimentel, subcommittee chair, said when asked if the Senate bent over backward for the Binays, “because he was arrested, and the order is to arrest him, and bring him to the hearing.”

The reason for the issuance of subpoena was for Binay to air his side, react and refute charges against him in connection with the allegedly pricey buildings in Makati, including a carpark and a Science high school building, the senator said.

All these were satisfied, he added.

If at all, the subcommittee sent the message across: “Whoever you are, you have to comply with lawful processes and procedures,” Pimentel said.

“This is democracy at work. It’s not productive in terms of hearing, because we made a lot of people from BSP (Boy Scouts of the Philippines) attend. It’s productive in terms of messaging: You can’t ignore an arrest order from the Senate,” he added.

While waiting for Binay’s arrival, Pimentel began the hearing around 10:30 a.m. mainly to tackle charges of irregularity against the Vice President involving BSP, of which he is the national president.

After quizzing Pag-Ibig Fund president Darlene Berberabe and Securities and Exchange Commission Chair Teresita Herbosa, he suspended the hearing at 10:50 a.m. to wait for Majority Leader Alan Peter Cayetano, who was a no-show.

Then it became clear, Binay, who had by then been escorted to the detention room at the Senate basement parking, didn’t want to attend the hearing, prepping the media for the drama that was about to unfold.

Lawyer JV Bautista and Cavite Gov. Jonvic Remulla, former spokesperson of the Vice President, told reporters that the mayor was ordered to be detained, but not to appear at the hearing.

Besides, they added, the mayor respected the Senate as an institution, but not the subcommittee.

“This is not a stunt,” Remulla said of Binay’s acceptance of the arrest order and refusal to appear at the hearing.

During the lull, Pimentel went down to the detention room to talk to Binay and his lawyers, and then Arroyo and Saguisag strode into the session hall supposedly as the mayor’s lead counsels.

“We will be asking questions on the substance, but honor the subpoena. Don’t be apprehensive about what will be done to you. You will not be disrespected. I have some questions, but I will not force you to answer them,” Pimentel recalled assuring Binay during their one-on-one talk.

It took at least two hours before Binay decided to go up.

When the hearing resumed at 1:30 p.m., Trillanes moved to call for Binay, and Makati City Administrator Eleno Mendoza, and former City Administrator Marjorie de Veyra.

As Binay was escorted from the detention room to the session hall at the second floor, a crowd of supporters pressed around him, with one egging them to shout, “Grabe ’to! (This is too much!).”

When Trillanes asked Binay if he was in any way hurt en route to the Senate, he was greeted by shouts from the gallery, prompting Pimentel to briefly suspend the hearing.

After pacifying the crowd, Trillanes reiterated his question, and Binay said he was “slightly bruised” as the camera focused on a bruise on his left arm.

Asked if he needed medical attention, the mayor said he was fine.

Pimentel then gave Binay, clad in a white polo, the floor to issue a statement.

“Yes, Mr. Senator, let me be clear. It was never my intent to oppose the subpoena of the subcommittee,” he began. “In fact, when asked to answer, we obliged to answer the subpoena.”

The mayor reminded the senators that they questioned the subcommittee’s jurisdiction over the case, and asked for an advance list of questions.

“When we were issued a ‘show cause’ order, we responded. That’s why we believe there’s no reason to cite us in contempt. But let me be clear, we’re not fighting the Senate as an institution,” he said.

“What we’re saying is, we have rights, too, that have to be heard. That’s why my position has been clear, since I was cited in contempt, that I have faced the Senate, and given all the documents asked of the city government,” he added.

“That’s why there’s no reason for me to appear here. I’ve said everything that’s needed to be said. That’s why I’m opposing this proceeding. I would like to respectfully manifest, Mr. Chairman, that I will no longer participate in the ongoing proceedings,” he continued.

Since the subcommittee disagreed with his stand that it lacked jurisdiction over the matter, Pimentel advised him “to run to a referee, a third party, to tell us who has the correct interpretation of the situation, of the Senate rules.”

Pimentel then asked Binay if he was willing to answer questions, but the latter reiterated his lawyers’ advice “not to attend the hearing.”

“That’s why we were firm that the order of arrest states that I be detained in the Senate Sergeant at Arms because I’m not willing to participate. Again, as advised by my lawyers, there’s no reason to participate,” the mayor said.

Pimentel explained that he wanted to elicit answers from him, specifically on the Makati City Hall Building II and the Makati Science High School building.

“Thank you for your cooperation. At least you’re here before us,” he said, but reminded Binay that even former President Fidel V. Ramos and former Vice President Noli de Castro heeded a Senate subpoena.

“Nothing personal here. We’re enforcing the processes of the institution. We followed the procedures as we understood them,” he said.

Otherwise, Pimentel said he was aware that Binay is facing cases in the Ombudsman over the carpark and high school building.

The subcommittee set the next hearing for Feb. 12.

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