DEFYING OMBUDSMAN ORDER ANEW Vice President Jejomar Binay addresses supporters gathered at Makati City Hall as his son, Makati Mayor Junjun Binay, defies a suspension order from the Office of the Ombudsman for his role in the allegedly overpriced Makati Science High School building. The mayor also refused to heed the suspension order of the Ombudsman early this year for his role in the allegedly overpriced Makati City Hall Building II. RAFFY LERMA
It is just another attack, but Vice President Jejomar Binay is unfazed and says it鈥檚 not going to prevent him from running for President next year.
The Vice President鈥檚 son, Makati Mayor Junjun Binay, received Monday a second suspension order from the Office of the Ombudsman in connection with its investigation of corruption allegations in the construction of the P1.3-billion Makati City Science High School building.
The mayor鈥檚 staff refused to accept the order. The younger Binay said that the directive was an illustration of 鈥渟elective justice鈥� that his father decried when he resigned from President Aquino鈥檚 Cabinet a week ago, saying he was through being the 鈥減unching bag鈥� of administration allies seeking higher office in next year鈥檚 elections.
The Vice President addressed about 1,000 supporters that had begun to mass on the City Hall grounds in a show of people power to stop the enforcement of the Ombudman鈥檚 order on Monday.
鈥淭his is just another way for them to attack me and my family,鈥� he said, adding that 鈥渘o matter what happens鈥� he was pursuing his quest for the presidency in next year鈥檚 elections.
The mass gathering on the quadrangle was a repeat of the demonstrations that stymied the enforcement of a similar suspension directive on March 11 in connection with the Ombudsman鈥檚 investigation of the alleged overpriced Makati City Hall Building II.
The Court of Appeals issued a temporary restraining order on Ombudsman Conchita Carpio Morales鈥� move in March on a plea by Binay that whatever administrative offense he had committed had been condoned by his subsequent reelection. The case has been elevated to the Supreme Court by Morales and is pending resolution.
鈥淭he Ombudsman鈥檚 actions cannot be more obvious. When there are complaints against administration allies, it sleeps on the job. But when a Binay is involved, investigations are rushed even when the charges have no basis at all,鈥� Mayor Binay told reporters.
Interior Secretary Mar Roxas said the suspension was a lawful order of the Ombudsman and urged the mayor to comply.
The potential standard-bearer of the ruling Liberal Party in next year鈥檚 elections said that his department, assisted by the Philippine National Police if necessary, was 鈥渄uty bound鈥� to enforce the order 鈥渋n the most expeditious and peaceable way.鈥�
Conspiracy
The Vice President鈥檚 camp accused Malaca帽ang of harassment and said it would not be 鈥渃owed.鈥�
鈥淭his precipitate and unduly harsh action demonstrates the undue haste and priority given to investigations against the Vice President and his family, while pussyfooting on the anomalies perpetrated by the Liberal Party and administration allies,鈥� Binay鈥檚 political spokesman Rico Quicho said in a statement.
鈥淲e expect more retaliatory and oppressive maneuvers against the Vice President and his family,鈥� Quicho said, adding that this was part of the conspiracy of the administration to stop Binay from being elected as president.
Speaker Feliciano Belmonte Jr. dismissed allegations by the Binay camp that the President pressured the Ombudsman into suspending Mayor Binay.
鈥淚 don鈥檛 see President P-Noy trying to influence anybody. He couldn鈥檛 influence (Chief Justice Maria Lourdes) Sereno. He couldn鈥檛 influence (Ombudsman) Conchita Carpio Morales,鈥� said Belmonte in an interview with reporters. 鈥淥nce they are in position, they tend to be their own bosses.鈥�
A special panel of investigators on June 8 recommended the suspension of the mayor while investigations are continuing in the school overprice case, citing as evidence a claim by former Makati City general services head Mario Hechanova that bidding for the building was rigged.
Hechanova鈥檚 allegation was based on what he said he had been told by the late city engineer Nelson Morales.
Binay鈥檚 lawyer has dismissed the evidence as hearsay.
Monday鈥檚 suspension order did not mention the duration, but a spokesperson said it was also for six months. Because Binay鈥檚 staff refused to accept the order, a copy was sent to the mayor鈥檚 residence.
In press statement, the Ombudsman said the suspension order against Mayor Binay and his fellow City Hall executives stemmed from the seven separate administrative cases for grave misconduct, dishonesty and conduct prejudicial to the best interest of the service filed by the Ombudsman鈥檚 Field Investigation Office.
It said there was a 鈥渟howing that respondents mutually aided one another in rigging and prearranging, in favor of pre-selected contractors, the procurement and award, including the approval and release of payments.鈥�
Evidence strong
鈥淪ince their respective positions give them access to public records and influence the possible witnesses, and considering the apparent repeated and similar schematic pattern applied in these transactions, respondents鈥� continued stay in office may prejudice the cases filed against them,鈥� the Ombudsman said.
It said Republic Act No. 6770, or the Ombudsman Act of 1989, authorized the agency to 鈥減reventively suspend鈥� public officials if 鈥渢he evidence of guilt is strong鈥� and if the charges against them involved dishonesty, oppression, grave misconduct and neglect in the performance of duty.
The suspension is also necessary if the penalty for the charges includes removal from office and if their 鈥渃ontinued stay in office may prejudice the case鈥� brought against them.
Of the total project cost, the Ombudsman said P17.3 million went to Infiniti Architectural Works for the design and engineering services for the construction of the school building.
The rest was given in six tranches to Hilmarc鈥檚 Construction Corp. from 2007 to 2014, it said.
Aside from Binay, suspended from office were Assistant Department Head II Pio Kenneth Dasal, Department Head II Lorenza Amores, City Accountant III Leonila Querijero, acting City Accountant Cecilio Lim III, Department Head II Nelia Barlis and Engineering Assistant Norman Flores.
Also included in the suspension order were Chief Administrative Officer Giovanni Condes, Administrative Officer V Ralph Liberato, Assistant Department Head II Ulysses Orienza, Bids and Awards Secretariat Head Manolito Uyaco, Department Head II Eleno Mendoza Jr. and Department Head II Mario Badillo.
The Vice President and the respondents were also facing separate criminal charges along with the officials of the two private contractors. But the Vice President has immunity from lawsuits and cannot be removed except by impeachment while sitting in office.鈥�With a report from Gil C. Cabacungan
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