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Security agency of Nancy Binay’s bro-in-law billed Makati P12.7M in 2006




(Updated 11:29 a.m., Aug. 26) A brother-in-law of Senator Nancy Binay was the president of a security agency that secured millions of pesos worth of contracts with Makati City in 2006.

That year, Triforce Security Services Inc. received at least P12.7 million in payments for security services at the Makati City Hall and at the Makati Youth Center.

Among its incorporators and its president that year was Jose Emmanuel Angeles, a brother-in-law of Senator Nancy Binay.

Jose Emmanuel is the brother of Senator Binay’s husband, Jose Benjamin.

From 2004 until 2006, Jose Emmanuel held more than 99% ownership of the company, based on SEC documents. The agency was first registered with the SEC in 2004.

He was also the president of the company according to Triforce's general information sheets in 2005 and in 2006.

Anna Leah Angeles, Jose Emmanuel’s wife, was also an incorporator and the treasurer of Triforce.

Vice President Jejomar Binay was the mayor of Makati City when Triforce secured the contract in 2006.



The implementing rules and regulation of Republic Act 9184 or the Government Procurement Act states that "relation to the head of the procuring entity within the third civil degree of consanguinity or affinity shall automatically disqualify the bidder from participating in the procurement of contracts of the procuring entity.”

GMA News Research sought clarification from the Government Procurement Policy Board  (GPPB). It said that the siblings of the son or daughter-in-law of the head of procuring entity do not fall within the prohibition.

Transparency and Accountability Network Executive Director Vincent T. Lazatin agrees that legally, there’s nothing wrong with this set up.

Lazatin has been part of the advocacy for a more transparent procurement system in the country and is author of a presentation entitled “Monitoring Public Procurement in the Philippines.”

“Kung ang may-ari ng negosyo ay yung brother-in-law bale ni Senator Nancy - kapatid ng kanyang asawa - he falls out of beyond the third degree, so legally he is allowed to do business in Makati. Hindi natin sinasabi na may wrongdoing, or illegal, or anything like that,” Lazatin said.

“But it raises concerns that business like this - whether it is a security service for Makati City Hall or birthday cake for the City of Makati - seem to be given to people who are close to the Binays. So it raises questions,” he added.

GMA News contacted Triforce but the company has yet to reply to our inquiries.

Makati City Hall likewise refused to issue any statement or comment. Acting Mayor Kid Pena refused the request of GMA News for an interview.

‘Meant to destroy credibility’

Sought for comment on Makati City’s procurement procedures, members of the Makati City Bids and Awards Committee refused to be interviewed as well.

In a statement sent to the media on Wednesday, Senator Binay said the Angeles family is being “dragged and connected into maliciously manufactured controversies.”

She said Jose Benjamin and his wife have already divested their shares in 2006.

“Lilinawin ko lang, 2006 pa nagdivest ng shares nila ang aking brother-in-law at asawa niya sa Triforce Security Services, Inc. at isang bagay na ibinaon sa balita upang palabasin na hanggang ngayon ay konektado pa rin sila sa kumpanya,” Senator Binay said.

“Nakakalungkot lang na tuwing magsasalita ako sa mga issue ay sinasabayan ng mga alegasyong katulad nito, na iisa lamang ang motibo – to destroy my credibility as a senator and lawmaker, and as a public servant,” she added.

Billing statements

GMA News Research requested from the Makati City government all bid documents pertinent to security contracts, including those related to Triforce.
 
The earliest available document provided to GMA News Research was for the year 2006; these were billing statements, including obligation slips, disbursement vouchers, service invoices, and statements of account. There were no copies of contracts nor bid documents for the same year.

The documents  showed that Triforce received payments amounting to at least P12.7 million for the security services for both the old and new buildings of the Makati City Hall, and the Makati Youth Center.



The billing statements showed that Triforce received payments from January to December, including the 13th month pay of the security guards.

Triforce was paid P11.56 million for securing the old and new city hall buildings with 38 security guards, an officer-in-charge and an assistant officer-in-charge for the whole of 2006.

Its security detail for the Makati Youth Center cost P 1.17 million. The amount was for three security guards and an assistant officer-in-charge.

Business partners

Senator Binay and her husband Jose Benjamin Angeles were in an insurance business with Jose Emmanuel and his wife Anna Leah during the years that Jose Emmanuel was with Triforce and when the agency had an active contract with Makati City.

Senator Binay declared in her SALNs that she had shares in the AB Summit Insurance Agency.

SEC papers show that majority shares of AB Summit were owned by Nancy’s husband Jose Benjamin and his brother Jose Emmanuel.

Jose Benjamin was president of AB Summit while Senator Binay was a director.

Jose Emmanuel was the treasurer  while Anna Leah was its secretary.

The latest available SEC filing submitted by AB summit was for the year 2007.



SEC papers also show that AB Summit and Triforce shared a common address in Bagong Ilog, Pasig City in 2004 and 2005.

Contracts under review

All service contracts in Makati City have been under review since acting Mayor Kid Peña took office.

He said that contracts have been renewed without bidding by Junjun Binay before his suspension.

Binay's spokesperson, Joey Salgado, blamed the Senate investigation for scaring away bidders,
thus the need to extend the contracts of certain companies.

Triforce continues to provide security for Makati City. In 2013 and 2014, Triforce won Php 126.95 million-worth of contracts.

These are for various areas in the city, like the Makati Youth Center, Makati Park and Garden, DEPW I and II, Makati Aqua Sports Arena (MASA), and East Rembo Junkyard, Ospital ng Makati, Makati Youth Homes and the New Makati City Hall Building, Old Makati City Hall Building, and Makati Parking Building.

The names of Jose Emmanuel and Anna Leah no longer appear in the company’s SEC papers from 2007 up to its latest 2014 filing. After 2006, two different groups have since appeared as owners and officers.


—with a report from Julius Segovia/NB/RSJ, GMA News