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MAKATI PARKING BUILDING ISSUE

Ombudsman orders dismissal, ‘perpetual disqualification’ of Junjun Binay



(Updated 7:32 p.m.) The Office of the Ombudsman has ordered the dismissal and perpetual disqualification from the service of suspended Makati Mayor Junjun Binay in connection with the administrative case he is facing over the allegedly overpriced construction of the Makati City Hall Building II.

In an interview, Ombudsman Conchita Carpio-Morales said that while Binay could still appeal the ruling, his perpetual disqualification from service was “immediately executory.”

"What goes with it is perpetual disqualification from holding public office, forfeiture or retirement benefits," Morales told reporters in a chance interview.

The Ombudsman clarified that the criminal aspect of the complaint was still under preliminary investigation by the Ombudsman Special Panel.

Morales, in a statement, said there was strong evidence presented during the administrative adjudication of the complaint that proved Binay was guilty of grave misconduct and serious dishonesty over the alleged overpriced construction of the P2.28-billion structure, also referred as the Makati parking building.

She said Binay failed to ensure that the contracts the city government was entering into were fair, reasonable and advantageous to the government.

“It bears emphasis that despite the irregularities involved in the procurements, and glaring ‘red flags’ already present in the early stages prior to the bidding and up to the release of the first and second payments to MANA (Mana Architecture and Interior Design Co.), he still went on to approve the release of the last two payments in favor of MANA,” Morales said.

“By so acting, Binay, Jr. intentionally closed his eyes to the irregularities by failing to observe utmost diligence,” Morales added.

Based on the Office of the Ombudsman’s 103-page decision recently signed by Morales, “flagrant anomalies” were committed by Binay and his co-accused in the design and construction of the parking building divided into six phases.

For the first and second phases or the design stage of the project, the Ombudsman said MANA's services were engaged without the benefit of a public bidding.

The Ombudsman added that four payments totaling P11.97 million were made to MANA “despite the incomplete submission of deliverables such as design plans, working drawings, and technical specifications”.

“There was undue haste in the award as it took the BAC (Bids and Awards Committee) only 11 days to complete the procurement process for the multi-million peso infrastructure project,” the Ombudsman said.

 The Ombudsman said procurement violations were also committed including the absence of publication of invitations to bid as provided in Republic Act No. 9184 or the Government Procurement Reform Act.

For the last four phases, or the construction stage of the project, the Ombudsman said Binay and the other city officials conspired to manipulate the outcome of the five public biddings “for the purpose of ensuring that Hilmarc’s Construction Corporation would be awarded the contracts”.

The Ombudsman said the city government purposely failed to publish the required invitation to bid which resulted in the declaration that Hilmarc’s was the lone bidder for the four phases of the project.

The Ombudsman further said that the construction began even in the absence of approved design standards, contract plans, agency cost estimates, detailed engineering and programs of work.

“No pre-procurement conference was undertaken and bid documents were made available only for one (1) day in violation of R.A. No. 9184,” the Ombudsman said.

Aside from Binay, also ordered dismissed from the service were the 19 other Makati government officials namely; 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, Gerardo San Gabriel, Eleno Mendoza, Jr. and Rodel Nayve.

Dismissal by press release

Joey Salgado, spokesman for the Binay family, said the Ombudsman's order was meant to stop the younger Binay from running in 2016.

"Bistado na ang Ombudsman. Minadali nito ang order dahil sa Lunes ay magsisimula na ang filing ng CoCs [Certificate of Candidacy] para sa 2016 election," Salgado said in a statement. "Ni wala pang kopya ng order na natanggap si Mayor. Dismissal by press release ang ginawa ng Ombudsman."

Junjun Binay is expected to seek re-election in next year's elections.

Last March, the Ombudsman suspended him over the alleged overpricing in the construction of the Makati City Hall Building II. The Court of Appeals, however, issued a temporary restraining order against its implementation.

Binay was suspended after a special panel of investigators from the Ombudsman conducted a preliminary investigation against Binay, his father and 22 other Makati City government officials for criminal charges of graft, malversation, and violations of the Government Procurement Reform Act.

In addition to the criminal charges, the respondents, except for Vice President Binay, also face administrative charges for grave misconduct, serious dishonesty, and conduct prejudicial to the best interest of the service.

The Ombudsman suspended Binay anew in June, this time in connection with the alleged anomalous construction of the Makati Science High School. —with Trisha Macas/KBK/NB, GMA News
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