Questions on timing of graft raps vs. VP Binay inevitable –legal experts

Three legal experts have admitted that the timing of Ombudsman Conchita Carpio-Morales' recommendation to file criminal charges against Vice President Jejomar Binay before the Sandiganbayan leaves her wide open to public scrutiny.

The three said the timing of the Ombudsman resolution could be misconstrued by some as politically motivated as it was issued on the same day Binay, the opposition's standard bearer in the 2016 elections, filed his certificate of candidacy.

"There is a concentration on the Binay cases and it seems that a timeline was set that the resolution be done before the filing of the certificate of candidacy," former Integrated Bar of the Philippines national president Vicente Joyas told reporters Wednesday.

The latest Ombudsman resolution recommended charges against Binay, his son Junjun and 22 other Makati City Hall officials over the alleged overpricing in the construction of the Makati City Hall Building II. Binay served as Makati mayor for several terms before getting elected vice president in 2010.

Joyas accused Morales of "selective prosecution" after she found probable cause to file charges of graft, malversation and falsification of public documents against Binay, while cases against administration allies gather dust in her office.

"I am just surprised why the other cases involving some Cabinet members and for plunder filed before the Binay cases are not investigated yet," said Joyas. "Selective prosecution is obvious and manifest."

Among the unresolved cases involving administration allies were two complaints against Budget Secretary Florencio "Butch" Abad over the controversial Disbursement Acceleration Program, acts under which had already been struck down as illegal by the Supreme Court.

The first case was filed in July last year by a group led by the Kabataan party-list, while the second one was lodged last July by former Philippine Constitutional Association (Philconsa) president Bonifacio Alentajan.

Abad is also among the respondents in a case filed in October 2013 involving the multi-billion-peso pork barrel fund scam. Named respondents along with Abad were President Benigno Aquino III and Agriculture Secretary Proceso Alcala.

The Department of Agriculture served as one of the implementing agencies of PDAF disbursing the funds to purported bogus NGOs.

Another plunder complaint was later filed against Alcala, in June 2014, for his involvement in a purported overpriced "midnight" rice importation deal from Vietnam. It was one of four plunder cases against the Agriculture secretary that remain pending with the Ombudsman.

Meanwhile, current Far Eastern University law dean Melencio "Mel" Sta. Maria agreed that filing cases against candidates around this time could indeed raise suspicion as to its motive.

"Hindi maiiwasan iyong motibo ng pag-iisip sa timing kasi malapit na ang eleksyon at bago pa ito mag-file ng COC ng mga kandidato," he said in a television interview.

Sta. Maria also stressed that Binay cannot be slapped with any criminal charges yet, since being the vice president, he enjoys immunity from suit — an immunity that could extend if ever he wins in next year's elections.

"Ang kaso ay kaso. Hindi ka na-exempt sa isang criminal case porke't nare-elect ka lang sa isa o bagong posisyon. Kaya lang nga dahil siya ay impeachable officer na matatanggal lamang sa isang impeachment process, maaantaala talaga ang pag-file ng criminal case sa kanya kapag siya ay nahalal na presidente. Ganyan lang talaga ang batas natin," Sta. Maria said.

The law dean explained the reason behind extending immunity to impeachable officials: "Kapag ikaw ay naging presidente, ang rationale ay kapag kinasuhan ka, baka lahat ng oras mo gugulin mo na lang sa pagdepensa ng kaso mo imbes na pangasiwaan mo ang bayan."

Former University of the East law dean Amado Valdez, for his part, said: "The timing definitely adds fuel to the narrative about VP Binay's integrity, intended or not. The Ombudsman put itself here under public scrutiny."

Valdez, who is also president of the Philippine Association of Law Schools, expressed hopes that the Ombudsman's moves would not "erode the public confidence in the institution."

"The agency is bigger than any of the players in this drama," he said.

Questioning the timing of the Ombudsman's move, Joey Salgado, spokesperson for the Office of the Vice President, earlier dismissed the ruling as part of a "perception war" to ruin Binay's chances of winning, adding the Ombudsman is well aware that Binay, being an impeachable official, enjoys immunity from suit.

Binay's spokesman said Morales could have just waited for the vice president's term to end next year before filing the charges. —KBK, GMA News