Ombudsman affirms probable cause in Binay, Makati officials' graft case

The Office of the Ombudsman affirmed the determination of probable cause in a graft complaint against Makati City Mayor Jejomar Binay, former mayor Elenita Binay, and several other city officials. Ombudsman Ma. Merceditas Gutierrez approved an 11-page resolution last February 13 denying the defendants' appeal questioning the basis for their indictment on graft charges in September 2006. Gutierrez said the motions of the accused simply rehashed arguments already resolved by the antigraft body when it recommended the filing of five separate graft charges against them before the Sandiganbayan. Aside from the Binays, also indicted in the graft case are councilor Salvador Pangilinan, city administrator Nicanor Santiago, city treasurer Luz Yamane and general services department head Ernesto Aspillaga, and private respondents Beda R. Aquino and Bernadette G. Aquino. "The arguments relied upon by the respondents are mere reiteration of the allegations in their counter affidavit. All told, this office …after conducting a preliminary investigation had correctly found probable cause to indict the respondents. No sufficient or compelling reason has been adduced to make this office change its finding," the Ombudsman said in the resolution. The cases stemmed from a report of government auditors of alleged cost-padding and bid-rigging in the P232 million purchase of office furniture and fixtures from 1999 to 2001. Respondents claimed there was no proof of overpricing or that the furniture acquired were ostentatious and wasteful. Likewise, they argued that rules on bidding were strictly observed. But Gutierrez noted that Beda Aquino, chief executive officer of furniture firm Asia Concept International Inc., collected payments for and in behalf of Office Gallery International Inc., a recognized business competitor' of her own company. Respondents admitted that Aquino did collect payment for Office Gallery but said she had been authorized by the latter firm to do so. In addition, they noted that there was nothing irregular to such an arrangement because 'it did not in anyway prejudice the city of Makati. But Gutierrez declared that the audit report enjoys presumption of irregularity and that there were "overwhelming evidence" submitted by the Commission on Audit which "has not been sufficiently countered by the countervailing evidence presented by the respondents." "To reiterate, this Office finds that the COA report… is substantial and complete, and has remained uncontroverted. This Office has basis, therefore, to conclude that the bidders in the questioned biddings were owned by one and the same persons or entities, and that the results of the said biddings were manipulated by both the public and private respondents," she said. Prosecution Bureau VI director Diosdado V. Calonge and assistant special prosecutor Maria Janina J. Hidalgo who are handling the graft case lodged with the Sandiganbayan First Division moved that proceedings in the case resume immediately. They asked the court to set the arraignment of the accused as early as possible. Named defendants in the said case are Elenita Binay, Pangilinan, Santiago, Aspillaga, Beda and Bernadette Aquino and John and Jane Does. Prosecutors noted that hearings in the case have been suspended since November 2006 at the request of the defendants citing the pendency of their motions for reconsideration at the Ombudsman. In light of the February 13 resolution that denied the defendants' appeal, government lawyers said there is no longer any reason to maintain suspension of proceedings. - GMANews.TV