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Graft raps filed vs. Junjun Binay, other Makati officials before Sandiganbayan
Dismissed Makati Mayor Erwin "Junjun" Binay Jr. and several former officials of the Makati City government were formally charged before the anti-graft court Sandiganbayan over the alleged overpriced construction of the Makati parking building.
In separate case information sheets filed on Friday, the Office of the Ombudsman’s Office of the Special Prosecutor (OSP) charged Binay Jr. with two counts of violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act and six counts of falsification of public documents as defined under Article 171 of the Revised Penal Code (RPC).
Charged with Binay in the graft case were the following former Makati City officials:
- City administrator Marjorie De Veyra
- Bids and Awards Committee (BAC) vice chairperson and General Services Department officer-in-charge Gerardo San Gabriel
- City legal officer Pio Kenneth Dasal
- Makati Budget Officer Lorenza Amores
- BAC Secretariat head Manolito Uyaco
- BAC Technical Working Group (TWG) chairman Rodel Nayve
- Central Planning Management Office (CPMO) chief Line Dela Peña
- CPMO civil engineer Connie Consulta
- City treasurer Nelia Barlis
- City accountant Cecilio Lim III
- City engineer Mario Badillo
- Acting City administrator Eleno Mendoza Jr.
Private individual Efren Canlas of Hilmarc’s Construction Company (Hilmarc’s) was also charged.
Meanwhile, charged with Binay for the falsification case were De Veyra, San Gabriel, Dasal, Amores and Uyaco,
In exchange for the respondents’ temporary liberty, the OSP recommended bail bonds of P30,000 for each count of graft and P24,000 for each count of falsification of public documents for a total of P204,000 for Binay.
The OSP listed Makati City engineer Mario Hechanova and Lyne Alano-Abanilla, vice president for advertising of the tabloid Balita, as among its primary witnesses in the cases.
It was earlier reported that Abanilla’s signature was allegedly forged by the Makati City officials in a supposed fake certification of publication indicating that the invitation to bid for the project was published in Balita.
Also listed as witness in the case was lawyer Mario Teresa Lee-Rafols, head of the Ombudsman’s special panel of investigators that conducted a probe on the complaint against respondents.
According to the information of the cases, Binay Jr. and the other respondents “conspired” in giving unwarranted benefits and preference to Hilmarc’s by awarding to the company the contracts for the construction of the P2.28-billion Makati City Hall Building II also referred as the Makati parking building.
The Ombudsman, in its resolution finding probable cause for the filing of the cases, said the implementation of the project, which was divided into six phases, took place from 2007 to 2013 despite the absence of approved design standards, contract plans, agency cost estimates, detailed engineering and programs of work, among others.
However, Binay Jr. and his co-accused in the filed cases were only being charged for Phases IV, V and or the construction stage of the project.
The Ombudsman had earlier identified Binay Jr.’s father, former Makati Mayor and incumbent Vice President Jejomar Binay Sr. as the one responsible for the design stage of the alleged anomalous parking building project.
In the charge sheets, the OSP said all the five biddings for the construction stage of the project were rigged in favor of Hilmarc's. The OSP said the invitation to bid was never published, resulting to the declaration of Hilmarc's as the sole bidder for the construction contracts.
Based on the case information, an amount of P649.275 million was paid to Hillmarc’s for the Phase IV of the project implement from 2011 to 2012 and another P141.649 million for the project’s Phase V implemented from 2012 to 2013.
The OSP said that in both instances, the contracts were awarded to Hilmarc’s through “simulated bidding”
The OSP further said that the supposed evaluation of project proposals of several other companies was conducted with "extraordinary speed" as "for one hour only, the Bids and Awards Committee (BAC) completed the entire negotiation proceedings where bid proposals of seven architectural firms that allegedly participated in this multi-million project were opened and evaluated.”
On February 5, a few days before the official start of the campaign period, Ombudsman Conchita Carpio-Morales ordered the immediate filing of charges against Binay Jr. and the other respondents.
This was after the Ombudsman denied their respective motions for reconsideration on the anti-graft body's earlier ruling finding probable cause to charge them in court over the alleged anomaly.
VP Binay also facing charges
Like his son, Binay Sr. was also ordered charged with graft and falsification before the Sandiganbayan over his alleged involvement in the design phase of the project during his term as the mayor of Makati.
In its resolution, the Ombudsman, however, clarified that the charges against Binay Sr. will have to be filed only after the end of his term as Vice President.
Morales earlier admitted that in the event that Binay wins the 2016 presidential election, the filing of charges would have to wait six years.
“As president, of course he has immunity. But when he finishes his term, then we can file a case against him - If we find probable cause finally,” Morales said in an earlier interview.
Impeachable officials such as President, Vice, President and Supreme Court Chief Justice have the immunity from suit while they are still holding the position.
Binay is the official presidential bet of the opposition party, United Nationalist Alliance (UNA) for the 2016 elections.
The Ombudsman had earlier ordered the dismissal and perpetual disqualification from service of the younger Binay and the other city officials named as respondents in the complaint for administrative offenses of grave misconduct and serious dishonesty also in connection with the alleged overpriced construction of the Makati parking building.
Aside from the alleged parking building anomaly, the Binays and a few city government officials are also facing preliminary investigation by the Ombudsman special panel for graft and malversation over the alleged anomalous construction of the Makati Science High School. —JST, GMA News
