Ex-VP Binay, son Junjun indicted over anomalous Makati Science Building

Former Vice President Jejomar Binay Sr. and his son, former Makati City mayor Jejomar Erwin "Junjun" Binay Jr., have been charged at the Sandiganbayan over the alleged anomalous procurement process in the construction of the Makati Science Building.

Ombudsman prosecutors charged the Binays with four counts each of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act and three counts each of falsification of public documents as defined and penalized under Article 171 of the Revised Penal Code.

The proposed P1.3-billion project at the Makati Science High School along Kalayaan Avenue pegged the building at 10 storeys high with a four-storey dormitory. The building, however, was completed as a 10-storey structure.

Irregular contract

Binay Sr. allegedly entered into a P17.37-million contract for architectural and engineering consultancy services with Infiniti Architectural Works in September 2007 for the design of the Makati Science Building.

Investigations, however, found out that the contract with Infiniti had irregularities such as resorting to negotiated procurement instead of competitive bidding, non-compliance with the required posting of the invitation to bid, and several misrepresentations in the bidding process.

The Ombudsman said Binay Sr. and several private respondents claimed that seven companies were invited to submit their proposals for the project during a conference with the Bids and Awards Committee (BAC) on September 18.

Witnesses from two architectural firms tagged as prospective bidders, however, said in their affidavits that they were unable to join the negotiations and submission of proposals.

Nonetheless, the Ombudsman said the elder Binay still awarded the contract to Infiniti on September 19 following the BAC recommendation.

Fake biddings

Meanwhile, the Ombudsman said the Binays and their co-accused rigged the bidding process of the Science Building when they awarded all contracts for its six phases — from 2008 to 2013 — to Hilmarc's Construction.

The respondents allegedly conspired to falsify bidding documents and suppress information to prospective bidders for the contract to be hastily awarded to Hilmarc's.

Graft investigators further found the respondents liable for violating government procurement rules for posting fake invitations to bid on news publications. Newspapers obtained from the National Library showed that no invitations were published for the construction phases.

Aside from this case, the Binays are facing separate charges at the Sandiganbayan over the allegedly overpriced Makati City Hall Building II.

Ombudsman 'obsession'

Sought for comment, Joey Salgado, the spokesperson for the Binay family, said Ombudsman Conchita Carpio Morales seems to be obsessed with the father-and-son by filing a fresh batch of cases against them while other officials of the Aquino administration have yet to see their day in court.

"The Ombudsman clearly intends to spend her remaining months in office pursuing her obsession to prosecute former VP Jojo Binay and former Mayor Junjun Binay on false and baseless charges," Salgado said in a text message to GMA News Online.

"In contrast, she has been less enthusiastic in probing the complaints against officials and personalities of the previous administration. This once again displays the hypocrisy and selective justice of the Ombudsman," he added.

Salgado, nonetheless, said the lawyers of the Binays will prove the innocence of the former Makati City local chief executives before the Sandiganbayan and expose the alleged bias of Morales.

"Our lawyers are looking forward to proving the innocence of former VP Binay and former Mayor Jun in an impartial tribunal," Salgado said. "They will show that these cases are part of the political persecution of a biased Ombudsman." —KG/KBK, GMA News