Mayor Binay suspended for 6 months over controversial Makati building

By PATRICIA DENISE CHIU, GMA News

Published March 11, 2015 11:40am

(Updated 6:05 p.m.) The Office of the Ombudsman on Wednesday announced that it has suspended Makati Mayor Junjun Binay and 15 others for six months over corruption allegations concering the alleged overpricing in the construction of the Makati City Hall Building II.

“[The Ombudsman] preventively suspends Mayor Binay, Jr., et.al. for 6 months, pending investigation of the Makati carpark complaint,” the Ombudsman’s social media account said Wednesday morning.

The Ombudsman also ordered Junjun Binay and his co-accused to file their counter-affidavits to answer the Makati carpark complaint.

Other Makati officers ordered suspended include:

- City Legal Officer Pio Kenneth Dasal,
- City Budget Officer Lorenza Amores,
- City Accountant Cecilio Lim III,
- Acting City Accountant Eleno Mendoza,
- City Treasurer Nelia Barlis,
- CPMO Engineers Arnel Cadangan,
- Emerito Magat
- Connie Consulta,
- CPMO Chief Line Dela Peña,
- Bids and Awards Committee (BAC) Secretariat Heads Giovanni Condes and Manolito Uyaco,
- Technical Working Group (TWG) Chairman Rodel Nayve,
- BAC member Ulysses Orienza,
- General Services Department (GSD) OIC Gerardo San Gabriel,
- GSD staff member Norman Flores

In a 13-page resolution, the Office of the Ombudsman tasked the Department of Interior and Local Government to enforce the preventive suspension.

Based on the resolution by the Ombudsman, Mayor Binay and the other Makati officials included in the complaint will be suspended for six months without pay, and that their suspensions will be immediately executory.

The resolution added that should BInay and others attempt to block the case in any way, the delay cause will not be counted into the six months suspension.

“[The aforementioned officials are hereby] suspended without pay for six months. During the pendency of these cases. In case of delay in the disposition of these cases due to the fault, negligence, or any cause attributable to respondents, the period of such delay shall not be counted in computing the period of suspension,” the resolution said.

The Ombudsman cited Binay’s position in Makati as influential and therefore could influence the graft case filed against him.

“Since the respondents' respective positions give them access to public records and influence on possible witnesses, respondents' continued stay in office may prejudice the cases filed against them. Thus, their preventive suspension without pay for a period of six months is in order,” it said.

Politically motivated

At a press conference later in the day, Mayor Binay said he has asked the Court of Appeals to stop the Ombudsman from implementing the suspension order against him and the other officials.

"Naghain po ng petisyon ang mga abugado natin... Meron naman tayong legal remedies kaya ang pakiusap natin hayaan nating gumana ang remedy at ito po ang pag-akyat sa CA," Mayor Binay said during a press conference in Makati City.

Also on Wednesday, Sen. Nancy Binay accused the Aquino administration of using the Office of the Ombudsman to discredit Vice President Binay and members of his family as the 2016 presidential elections draws near.

“Nung time ni President (Gloria Macapagal) Arroyo, ginamit ang Ombudsman para ipitin ang Vice President (who was still then Makati mayor) ngayon parang ganun pa rin,” Senator Binay told reporters.

“Isa lang ito sa gagamitin nilang strategy sa Oplan Nognog…. Naririnig na namin yung balita na may balak talaga, part ng Oplan Nognog is yung suspension sa kapatid ko, true enough parang mas mabillis pa sa alas-singko,” she added.

Lawyer Rico Quicho, Vice President Binay's spokesperson, said the Binay family was prepared to face the charges against them. He said the Binays welcomed the opportunity to once again explain their side and answer all allegations being hurled against them by their political opponents.

Quicho further said that the Binays pray that the Ombudsman would not allow itself to fall victim "to the machinations of those with political ambitions."

“Mayor Binay, the Vice President and the other respondents would face the suspension and the complaint knowing that it is against a well-oiled government machinery that would not stop at nothing to persecute and prevent the political opposition from running in the upcoming election. The people will ultimately decide,” he said.

In Malacañang, presidential spokesman Secretary Edwin Lacierda said Mayor Binay’s suspension was only part of the normal process when an individual was facing a complaint before the Ombudsman.

“It is the decision of the Ombudsman, an independent body, and part of their normative procedure,” Lacierda said in a text message.

Graft, plunder raps

The suspension stems from the plunder and graft complaint filed in July last year by lawyer Renato Bondal, a political rival of the Binays.

In his complaint, Bondal claimed the construction of the building was overpriced by P862 million.

Bondal said VP Binay, who was Makati mayor when the building was constructed in 2007, conspired with his son, Junjun, then a city councilor, some former and current Makati officials, and 10 executives of Hilmarc's Construction Corp. over the building’s construction.

The Senate blue ribbon subcommittee is also looking into the allegations concerning the Makati City Hall Building II as well as other corruption issues involving the Binays.

The Binay camp has repeatedly said that the allegations against them are politically motivated. — with Amita Legaspi/RSJ/KBK/NB, GMA News

Tags: junjunbinay, makaticityhallbuildingii, makaticityhallbuilding2