Suspended Mayor Binay: 'Hindi kami aalis dito'

MANILA, Philippines - Embattled Makati Mayor Jejomar Erwin Binay on Thursday said he will stand his ground and will not vacate the city hall office even if the Department of Interior and Local Government (DILG) serves him the order that places him on a preventive suspension for six months.

The preventive suspension order was issued by the Office of the Ombudsman on Wednesday over the charges of alleged overpricing in the construction of the Makati City Hall Building 2.

“Hindi kami aalis dito. Ang stand nga namin ay there is no reason for the suspension order,” Binay told reporters gathered at his office at the 21st floor of the Makati City hall building.

Asked if he expects to be physically carried out from his office by DILG personnel when they will arrive with the suspension order, Binay said it would all depend on what DILG Secretary Mar Roxas is planning to do.

“Depende kung yun ang plinano ni Secretary Roxas,” he said.

Binay said that even though what is now happening to him is reminiscent of what had happened to his then Makati mayor and now Vice President father, it is business as usual at the city hall.

“Well, wala namang barricade. The offices are functioning except for the fact that thousands now are in the quadrangle,” he said.

In October 2006, the DILG served the suspension order against the elder Binay, then Makati Vice Mayor Ernesto Mercado, and all members of the Makati City Council following an accusation of 'ghost employees' on the city payroll by former Makati Vice Mayor Roberto Brillante, Binay’s political rival.

Refusing to cooperate with the suspension order, the elder Binay barricaded himself inside the Makati City Hall. After a three-day stand-off, the Court of Appeals issued a temporary restraining order. Before it lapsed, the court issued an injunction order, thereby preventing the Office of the President from enforcing its suspension order until the case was resolved.

Mayor Binay said that although he is not encouraging people to form barricades around the city hall building, it would be for the people to decide on what actions they want to take.

“Tignan natin. Kailangan di nating pakinggan ang sasabihin ng mga tao,” he said.

Binay said he spent his first night sleeping on a sofa inside his office. He was visited by his parents and his sisters. Vice President Binay even spent the night with him.

“Mahirap matulog dun sa sofa.  Parang dinaanan na natin to nung 2006.  Ganitong ganito ang sitwasyon. My parents and my sisters were all here. Dumating din ang children ko. Dito natulog ang father ko,” he said.

Asked how long he intends to stand his ground and camp at his office, Binay said he will stay for as long as it is needed. He added that he would not leave his office to be occupied by “another member of the Liberal Party.” Binay is referring to Makati Vice Mayor Romulo “Kid” Peña, his political rival.

“Hanggat kailangan kaming manatili dito, hindi kami aalis. We have filed a petition for certiorari. Pag umalis kami dito, parang ibinigay na namin to. Ang nakataya dito ay hindi namin hahayaan na because of the suspension order, ang papaupuin dito ay another member of the Liberal Party. Halatang halata na ang ginagawa nila dito,” he said.

Binay again lashed at the Office of the Ombudsman for its apparent haste in issuing the suspension order against him.

“Our request to the DILG is to respect this petition. Bakit kailangang madaliin? Lahat pina-fastrack. Imagine, tong suspension order is just for a period of six months. Bakit kailangan ng preventive suspension. Nakailang hearing na sa Senado, may mga dokumento na hiningi, lahat ng pina subpoeana na dokumento, ibinigay na namin dun,” he said.

Binay said that under the Aguinaldo Doctrine, he should not have been implicated in the alleged overpricing of the Makati City Hall Building 2 citing the “Aguinaldo Doctrine.”

The "Aguinaldo Doctrine" is a repeatedly upheld Supreme Court jurisprudence that moots all administrative cases filed against any public official during his previous term, immediately after the official's reelection. The central argument of the doctrine is that an erring public official has been forgiven by his constituents of his administrative liabilities if they reelect him in office.

“The contract for the architectural design was done during the previous administration. Hindi pa ako mayor nun. Paano ako magiging part of that case?  Sa Aguinaldo doctrine, kung may mga administrative issues, dapat tapos na yan. Di dapat tayo isuspend dahil tayo ay na-reelect,” he said.

“We were given 10 days to submit our counter-affidavit. Di pa nga kami nakakapag-file, may suspension order na nakasunod. If there will be a need to file for an extension and hopefully it will be granted, e di dun tayo magsusubmit,” he added.

Should the CA rule against his petition for a temporary restraining order, Binay said his lawyers would still explore other possible legal remedies.

“We will talk with our lawyers and talk to them about the other legal remedies available to us,” he said.

Binay stressed that the Ombudsman’s order to suspend him is part of the larger “Operation Nognog” which aims to block his father’s Malacanang bid next year.

“So again, we stand firm that these are all part of opreration nognog and this is just politically motivated. This is just about the 2016 elections,” he said.

Mayor Binay said his father had advised him to stay strong as they remember what had happened in 2006 when his father was also ordered suspended by the Ombudsman.

“Sinasabi nya na magpakatibay ako dito, magpakatatag ako.  Ginugunita namin ang nangyari nung 2006. Second term din nya (Vice President Binay) nung nangyari yun,” he said.