Ombudsman denies Mayor Binay’s suspension was railroaded

The Office of the Ombudsman on Thursday maintained that the six-month preventive suspension order issued against Makati Mayor Junjun Binay and 20 other individuals has undergone the proper procedure.

 

In a press conference, Assistant Ombudsman Asryman Rafanan dismissed the allegations of Binay that the Office of the Ombudsman's issuance of suspension order against him was politically-motivated and was done in "undue haste".

 

"I think the period of eight months is a reasonable time...I can't think of any undue haste in an investigation that took a period of eight months," Rafanan said.

 

Rafanan was referring to an investigation conducted by the Office of the Ombudsman's Special Panel of Investigators on 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 Makati City Hall Building II was overpriced by P862 million.

 

Bondal said Vice President Jejomar 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.

 

On Friday last week, the Ombudsman's Special Panel of Investigators, who studied Bondal's complaint for eight months, formally filed criminal charges of graft, malversation and violations of Government Procurement Reform Act against the Binay father and son and their 22 other co-accused.

 

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

 

The Binays had earlier dismissed the allegations agains them as politically-motivated and is part of a demolition job against the Vice President dubbed as “Oplan Stop Nognog”. VP Binay has been open about his intention to run for President in the 2016 elections.

 

In a press conference earlier on Thursday, the younger Binay, who spent the night in his office at the Makati City Hall maintained that he will not honor what he dubbed as a "special express suspension" of the Ombudsman.

 

Binay claimed that the suspension order was issued with "undue haste" without giving him the chance to file his counter-affidavit on the charges.

 

"Makikita natin na lahat nira-ratsada, dire-diretso. Ni hindi pa nga kami nakakasagot dun sa Ombudsman. Nung una ay binigyan kami ng panahon to file yung aming counter-affidavit tapos ngayon hindi na hinintay, suspension na agad,” Binay said.

 

Rafanan, however, maintained that the accused's counter-affidavit is not a pre-requisite for the issuance of a preventive suspension order.

 

"In general procedure, upon the filing of the case, the Ombudsman can already issue a suspension order without awaiting the accused counter-affidavit. It (issuance of Binay's suspension) is well within the procedure," Rafanan said.

 

"It is not a suspension in the form of penalty, but is preventive and temporary in nature. To prevent the accused from using his influence while he is in office in tampering or withholding the evidence or influencing possible witnesses," Rafanan added.

 

Rafanan also maintained that the suspension order must be implemented "immediately" despite a petition for certiorari filed by the Binay camp on Thursday.

 

In his petition, Binay asked the appeals court to nullify and set aside the Ombudsman's suspension order "for being violative of established law and jurisprudence," insisting that his signatures in vouchers and contracts related to alleged overpricing in the Makati City Hall Building II did not establish a conspiracy.

 

"In the absence of a TRO (temporary restraining order) from the Court of Appeals, the order should be implemented. Since there is none as of now, the DILG must implement the order of the Office of the Ombudsman," Rafanan said.

 

In a separate statement issued Thursday afternoon, Interior Secretary Mar Roxas confirmed receiving the copy of the order and promised to implement it soon.

 

Rafanan also warned Binay that if he would insist on defying the order, the Ombudsman can cite him in contempt, which may result to his arrest.

 

Rafanan, meawhile, dismissed Binay's allegation that Roxas has an "unseen hand" or influence within the Ombudsman's Special Panel of Investigators who build up and filed the cases again the Binays and their co-accused.

 

The Office (of the Ombudsman) vouches for the integrity, competence and professionalism of these investigators. The Ombudsman goes by the evidence so the respondents are expected to answer the charges based on whatever evidence or defense that they may claim," Rafanan said.

 

Rafanan also reiterated that there was nothing "out of the procedure" for the Ombudsman's issuance of the suspension order against Binay, pointing out that even then PNP chief Director General Alan Purisima was ordered suspended for separate case with the Ombudsman even without awaiting for the latter's counter-affidavit.

 

Rafanan, meanwhile explained why the special investigators decided to drop Bondal's allegations of plunder when the panel formally filed the complaint last Friday.

 

"The special panel of investigators looked into the alleged irregularities...and upon their assessment of the evidence gathered thus far, they cant find any case for plunder," Rafanan said.

 

"But that does not foreclose the possibility of other evidence coming out later that would point to a possible offense of plunder," Rafanan was quick to add. —NB, GMA News