Sandiganbayan issues hold departure order vs. Junjun Binay

The Sandiganbayan Third Division has issued a hold departure order (HDO) against dismissed Makati Mayor Jejomar Erwin "Junjun" Binay Jr. in connection with the cases against him over the alleged anomalous construction of the Makati City Hall Building II.

Division clerk of court Atty. Dennis Pulma said the HDO was issued by the court on February 26 and was received by the Bureau of Immigration (BI) on March 3.

Binay is facing 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) in connection with the alleged overpriced construction of the Makati City Hall Building II also referred as the Makati parking building.

Aside from Binay Jr., also ordered to be included in the BI’s hold departure list were the following former Makati City officials who were named as co-accused in the cases:

• 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 respondent Efren Canlas of Hilmarc’s Construction Company (Hilmarc’s) was also ordered to be included in the hold departure list.

“The hold departure order was issued to maintain the effectiveness of the court’s jurisdiction over the cases,” Pulma said.

“Kung gusto nila mag-travel abroad, they must now seek permission from the court,” he added.

Pulma, however, clarified that the issuance of the HDO is not tantamount to the finding of probable cause to hold the accused on trial.

“Yung pag-issue naman ng HDO, it does not mean that the court has already found probable cause to proceed with the trial of the case. Pwede mag-issue ng HDO ang court while it is still determining if there is probable cause [to hold the accused on trial],” Pulma explained.

Pulma declined to furnish the media with a copy of the HDO saying that the court was still in the process of sending copies of the order to all the accused.

Based on the information of the cases filed by the Ombudsman's Office of the Special Prosecutor (OSP) last month, Binay Jr. son of Vice President Jejomar Binay Sr., and other Makati City officials “conspired” in giving unwarranted benefits and preference to Hilmarc’s Construction Company by awarding to it the contracts for the construction of the P2.28-billion building project.

Binay Jr. had repeatedly denied the allegation.

Last week, he filed a Motion for Judicial Determination of Probable Cause before the Third Division with a prayer to dismiss the cases due to supposed lack of evidence. —LBG/ALG, GMA News