VP Binay & Mayor Binay, Jr., 22 Others Face Criminal Charges for Makati Carpark Anomalies

Ombudsman Conchita Carpio Morales found probable cause for the filing of multiple charges for violation of Section 3(e) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act), Malversation of Public Funds and Falsification of public documents against Vice-President (VP) Jejomar Binay, Sr., Makati Mayor Jejomar Erwin“Jun-Jun” Binay, Jr., and 22 others. The criminal charges are in connection with the anomalous bidding and construction of the Makati carpark building project undertaken from 2007 to 2013.

The finding of probable cause comes after more than one (1) year of investigation. The fact-finding investigation began in September 2014 while the preliminary investigation began in March 2015.

VP Binay faces four (4) counts of violation of Section 3 (e) of R.A. No. 3019, six (6) counts of Falsification of Public Documents and one (1) count of Malversation for his involvement in phases 1 and 2 of the carpark project.

In two separate Resolutions on six (6) docketed cases, flagrant anomalies were found to have been committed by Binay, Sr. et. al. in the design and construction of the building consisting of six (6) phases.

Documents show that VP Binay and Mayor Binay, Jr., approved the BAC resolutions, notices of awards, contracts and payments using unnumbered/undated disbursement vouchers and obligation requests.

Ombudsman Morales junked VP Binay’s contention that the office has no jurisdiction to investigate impeachable officials. She explained that “being an impeachable officer does not insulate him from investigation.”

The Office of the Ombudsman stressed that VP Binay is being investigated for criminal acts committed while he was a city mayor and not as vice-president. “At all events, impeachable officers, like Binay, Sr., are within the investigatory power or jurisdiction of this Office,” the Resolution stated.

However, the informations will be filed after the expiration of his tenure as an impeachable officer consistent with the principle that during incumbency, an impeachable officer cannot be the subject of a criminal offense filed with the court which carries the penalty of removal from office.

Mayor Binay, Jr. faces four (4) counts of violation of Section 3(e) of R. A. No. 3019, six (6) counts of Falsification of Public Documents, and one (1) count of Malversation for his involvement in phases 2 to 6 of the project.

Ombudsman Morales also ordered the filing of criminal informations against Binay’s co-respondents, namely: Marjorie De Veyra, Pio Kenneth Dasal, Lorenza Amores, Virginia Hernandez, Line Dela Peña, Mario Badillo, Leonila Querijero, Raydes Pestaño, Nelia Barlis, Cecilio Lim III, Arnel Cadangan, Emerito Magat, Connie Consulta, Ulysses Orienza, Giovanni Condes, Manolito Uyaco, Norman Flores, Gerardo San Gabriel, Eleno Mendoza, Jr. and Rodel Nayve. Also included in the indictment are Orlando Mateo from Mana Architecture and Interior Design, Co. (MANA) and Efren Canlas of Hilmarc’s Construction Company (Hilmarc’s).

The services of MANA were engaged without the benefit of public bidding. The documents established badges of fraud committed by Binay, Sr. et.al. in manipulating the procurement to ensure the award of the contract to MANA; processing and approving a series of four (4) payments totaling to P11.97 million despite the incomplete submission of deliverables such as design plans, working drawings, and technical specifications.

Procurement violations were also committed including the absence of publication of invitations to bid as provided in Republic Act No. 9184 (Government Procurement Reform Act).

A certified true copy of the publication obtained from the National Library showed that no advertisement for the invitations to bid was made as attested to by the publisher.

There was undue haste in the award as it took the Bids and Awards Committee (BAC) only 11 days to complete the procurement process for the multi-million peso infrastructure project.

The Ombudsman explained that “the purported negotiation and evaluation of bid proposals on 22 November 2007 was conducted with extraordinary speed” as “for one hour only, the 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.”

Even the Commission on Audit Fraud Audit Office’s Initial Evaluation Report noted that “the negotiated procurement adopted by the BAC was improper.”

The construction projects were awarded to Hilmarc’s despite the lack of the required publication of the invitations to bid, with Hilmarc’s as the lone bidder in four (4) phases of the project.

Construction project began even in the absence of approved design standards, contract plans, agency cost estimates, detailed engineering and programs of work. No pre-procurement conference was undertaken and bid documents were made available only for one (1) day in violation of R.A. No. 9184.

The Resolutions explained that there was collusion among city officials and Hilmarc’s, to manipulate the outcome of the five (5) “public biddings” for the purpose of ensuring that Hilmarc’s would be awarded the contracts.

An executive from JBros, an alleged bidder, corroborated the finding of rigged bidding and disowned the firm’s participation.

According to Ombudsman Morales, “the existence of conspiracy among respondents is evident from the chain of events and as shown by the evidence on record.”

It will be recalled that on 09 October 2015, the Office of the Ombudsman ordered the dismissal from the service and perpetual disqualification of Mayor Binay, Jr. and 17 others for Grave Misconduct and Serious Dishonesty in the parallel administrative case.

Source: www.ombudsman.gov.ph