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Ombudsman orders Junjun Binay suspended due to Science HS mess
By ELIZABETH MARCELO, GMA News
(Updated 11:43 p.m.)Ombudsman Conchita Carpio-Morales has approved the six-month preventive suspension of Makati Mayor Junjun Binay and 14 other officials of the Makati City government in connection with their supposed involvement in the alleged irregularities in the construction of a ten-storey building in Makati Science High School.
"Despite efforts to personally serve today the 12-page Joint Order, Mayor Binay and his office staff refused to receive a copy of the Joint Order and prevented the process servers to leave the Joint Order in his office," the Ombudsman said.
The mayor and other city officials are facing graft and other criminal and administrative complaints in connection with the ten-storey building's construction.
No official from the Office of the Ombudsman was willing to grant a press conference or media interview as of posting time. A member of staff from the Public Information and Media Relations Bureau handed reporters a press statement confirming the issuance of the suspension order.
"Since their respective positions give them access to public records and influence to possible witnesses and considering the apparent repeated and similar schematic pattern applied in these transactions, respondents' continued stay in office may prejudice the cases filed against them," a portion of the 12-page suspension order read.
Aside from Mayor Binay, also ordered suspended for six months without pay are:
The Ombudsman said Morales has directed the Department of Interior and Local Government (DILG) to "immediately implement" the preventive suspension order.
The suspension order came after the Ombudsman Field Investigation Office (FIO) on June 8 submitted its 26-page report to Morales recommending the filing of criminal cases of graft and falsification of public documents as well as administrative cases of grave misconduct, dishonesty and violation of code of conduct and ethical standards for public officials against Mayor Binay, his father Vice President Jejomar Binay and 19 other officials of the Makati City government, Makati Science High School, construction firm Hillmarc's Corp. and engineering and architectural services firm Infiniti Corp.
The field investigators also recommended that the younger Binay and the 14 abovementioned officials be placed under preventive suspension pending the investigation into the complaint.
The Ombudsman said that upon preliminary consideration by the special panel tasked to look into the complaint, "there is a showing that respondent mutually aided one another in rigging and pre-arranging" the bidding for the P17.3-million contract for the architectural design and engineering services for the Makati Science High School Building in favor of Infiniti.
The special panel said that there is also a showing that the respondents "pre-selected and pre-arranged" Hillmarc's as the supposed winning bidder for the actual construction of the building.
The Ombudsman said the construction of the controversial building was divided into six contracts/ phases from 2007 to 2014, totaling P1.332 billion.
'Harrassment'
In a statement sent via e-mail, Vice President Binay's spokesperson for political affairs Rico Quicho said the suspension of Mayor Binay was a form of "harassment from the Malacañang."
"The Vice President will not be cowed by this act of harassment from Malacañang. In a level playing field, all these specious and baseless allegations will be dismissed but the field is stacked against perceived political opponents. We do not expect a modicum of fairness from this administration," Quicho said.
The Binay father and son had been repeatedly dismissing the corruption allegations against them as "politically motivated," as the older Binay has been open about his plan to run for President in 2016.
"We expect more retaliatory and oppressive maneuvers against the Vice President and his family. This is but part of their conspiracy to deny the people the competent and compassionate governance which the Vice President intends to share to the people," Quicho said.
The Ombudsman maintained that the suspension order was in accordance with Republic Act No. 6770 or the Ombudsman Act of 1989, which provides that the Ombudsman or his Deputy "may preventively suspend any officer or employee under his authority pending investigation, if in his judgement the evidence of guilt is strong and if the charge against such officer or employee involves dishonesty, oppression or grave misconduct or neglect of performance or duty."
Earlier suspension order
Last March, the Ombudsman issued a suspension order against Mayor Binay and other officials of the Makati City government in connection with the allegedly overpriced construction of Makati City Hall Building II.
The younger Binay sought a temporary restraining order (TRO) on the Ombudsman's suspension from the Court of Appeals, which the CA granted after a stand-off between Binay and Makati Vice Mayor Kid Peña.
The Supreme Court then indefinitely suspended the implementation of the Ombudsman's suspension order pending its resolution of a case filed by the Ombudsman saying that the CA justices abused its discretion in stopping the implementation of the suspension.
The investigation into the construction of Makati Science High School stemmed from a plunder and graft complaint filed by lawyer Renato Bondal, who was the younger Binay’s opponent in the 2013 elections.
The Vice President, Mayor Binay and 21 others are also facing a preliminary investigation before the Ombudsman for graft, malversation and violations of the Government Procurement Reform Act in connection with the Makati City Hall Building II issue. — with a report by Sandra Aguinaldo/BM/NB/TJD/JDS, GMA News
"Ombudsman Conchita Carpio Morales ordered the preventive suspension of Makati Mayor Jejomar Erwin Binay Jr. and 14 other respondents in seven administrative cases, all for Grave Misconduct, Dishonesty and Conduct Prejudicial to the Best Interest of the Service, in connection with the alleged irregularities that attended the Makati Science High School building construction worth P1,349,980,757.50," the Ombudsman said in a press statement issued past 4 p.m. on. Monday.
The Office of the Ombudsman said its personnel tried to serve the order to Mayor Binay earlier in the day, but that he and his staff refused to receive the copy.
The Office of the Ombudsman said its personnel tried to serve the order to Mayor Binay earlier in the day, but that he and his staff refused to receive the copy.
"Despite efforts to personally serve today the 12-page Joint Order, Mayor Binay and his office staff refused to receive a copy of the Joint Order and prevented the process servers to leave the Joint Order in his office," the Ombudsman said.
No official from the Office of the Ombudsman was willing to grant a press conference or media interview as of posting time. A member of staff from the Public Information and Media Relations Bureau handed reporters a press statement confirming the issuance of the suspension order.
"Since their respective positions give them access to public records and influence to possible witnesses and considering the apparent repeated and similar schematic pattern applied in these transactions, respondents' continued stay in office may prejudice the cases filed against them," a portion of the 12-page suspension order read.
Aside from Mayor Binay, also ordered suspended for six months without pay are:
- Department Head II Lorenza Amores
- Department Head II Nelia Barlis
- Department Head II Gerardo San Gabriel
- Department Head II Eleno Mendoza Jr.
- Department Head II Mario Badillo.
- Assistant Department Head II Pio Kenneth Dasal
- Assistant Department Head II Ulysses Orienza
- City Accountant III Leonila Querijero
- City Accountant IV Raydes Pestaño,
- Acting City Accountant Cecilio Lim III
- Engineering Assistant Norman Flores
- Chief Administrative Officer Giovanni Condes
- Administrative Officer V Ralph Liberato
- Bids and Awards Committee (BAC) Secretariat Head Manolito Uyaco
The Ombudsman said Morales has directed the Department of Interior and Local Government (DILG) to "immediately implement" the preventive suspension order.
The suspension order came after the Ombudsman Field Investigation Office (FIO) on June 8 submitted its 26-page report to Morales recommending the filing of criminal cases of graft and falsification of public documents as well as administrative cases of grave misconduct, dishonesty and violation of code of conduct and ethical standards for public officials against Mayor Binay, his father Vice President Jejomar Binay and 19 other officials of the Makati City government, Makati Science High School, construction firm Hillmarc's Corp. and engineering and architectural services firm Infiniti Corp.
The field investigators also recommended that the younger Binay and the 14 abovementioned officials be placed under preventive suspension pending the investigation into the complaint.
The Ombudsman said that upon preliminary consideration by the special panel tasked to look into the complaint, "there is a showing that respondent mutually aided one another in rigging and pre-arranging" the bidding for the P17.3-million contract for the architectural design and engineering services for the Makati Science High School Building in favor of Infiniti.
The special panel said that there is also a showing that the respondents "pre-selected and pre-arranged" Hillmarc's as the supposed winning bidder for the actual construction of the building.
The Ombudsman said the construction of the controversial building was divided into six contracts/ phases from 2007 to 2014, totaling P1.332 billion.
'Harrassment'
In a statement sent via e-mail, Vice President Binay's spokesperson for political affairs Rico Quicho said the suspension of Mayor Binay was a form of "harassment from the Malacañang."
"The Vice President will not be cowed by this act of harassment from Malacañang. In a level playing field, all these specious and baseless allegations will be dismissed but the field is stacked against perceived political opponents. We do not expect a modicum of fairness from this administration," Quicho said.
The Binay father and son had been repeatedly dismissing the corruption allegations against them as "politically motivated," as the older Binay has been open about his plan to run for President in 2016.
"We expect more retaliatory and oppressive maneuvers against the Vice President and his family. This is but part of their conspiracy to deny the people the competent and compassionate governance which the Vice President intends to share to the people," Quicho said.
The Ombudsman maintained that the suspension order was in accordance with Republic Act No. 6770 or the Ombudsman Act of 1989, which provides that the Ombudsman or his Deputy "may preventively suspend any officer or employee under his authority pending investigation, if in his judgement the evidence of guilt is strong and if the charge against such officer or employee involves dishonesty, oppression or grave misconduct or neglect of performance or duty."
Earlier suspension order
Last March, the Ombudsman issued a suspension order against Mayor Binay and other officials of the Makati City government in connection with the allegedly overpriced construction of Makati City Hall Building II.
The younger Binay sought a temporary restraining order (TRO) on the Ombudsman's suspension from the Court of Appeals, which the CA granted after a stand-off between Binay and Makati Vice Mayor Kid Peña.
The Supreme Court then indefinitely suspended the implementation of the Ombudsman's suspension order pending its resolution of a case filed by the Ombudsman saying that the CA justices abused its discretion in stopping the implementation of the suspension.
The investigation into the construction of Makati Science High School stemmed from a plunder and graft complaint filed by lawyer Renato Bondal, who was the younger Binay’s opponent in the 2013 elections.
The Vice President, Mayor Binay and 21 others are also facing a preliminary investigation before the Ombudsman for graft, malversation and violations of the Government Procurement Reform Act in connection with the Makati City Hall Building II issue. — with a report by Sandra Aguinaldo/BM/NB/TJD/JDS, GMA News
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