Junjun dismissed as Makati mayor

MANILA, Philippines - After a seven-month investigation, the Office of the Ombudsman ordered yesterday the dismissal from government service of Makati City Mayor Jejomar “Erwin” Binay for his role in the allegedly overpriced construction of the Makati City Hall Building II.

Also ordered removed were 19 other former and current officials of the city for grave misconduct and serious dishonesty.

Ombudsman Conchita Carpio-Morales also slapped Binay and his co-respondents with administrative charges, which bar them perpetually from holding public office.

The mayor is the only son of Vice President Jejomar Binay, who is running for president next year under the opposition United Nationalist Alliance.

The order of dismissal against Binay Jr. was prompted by findings of anomalies in the bidding, construction and funding for the Makati carpark building project worth P2.28 billion undertaken from 2007 to 2013.

Dismissed from the service aside from the younger Binay were 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, Gerardo San Gabriel, Eleno Mendoza Jr. and Rodel Nayve.

In a 103-page joint decision stemming from six separate complaints, the ombudsman noted flagrant anomalies in the design and construction of the building in six phases.

In phase 1, the services of Mana Architecture and Interior Design Co. (MANA) were engaged allegedly without the benefit of public bidding.

Investigators said documents have also established fraud committed by Binay and his fellow respondents, who reportedly manipulated the procurement to ensure the awarding of contract to MANA.

Fraud was also evident in the processing and approval of four payments totaling P11.97 million despite the incomplete submission of deliverables such as design plans, working drawings and technical specifications.

Procurement violations were also allegedly committed, including the absence of publication of invitations to bid as provided for in Republic Act 9184 or the Government Procurement Reform Act.

The ombudsman said 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 multimillion-peso infrastructure project.

Investigators, in their findings, explained that “the purported negotiation and evaluation of bid proposals on Nov. 22, 2007 was conducted with extraordinary speed.”

They said that “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.”

The ombudsman said even the Commission on Audit (COA), in its Fraud Audit Office’s Initial Evaluation Report, noted that “the negotiated procurement adopted by the BAC was improper.”

The construction projects were allegedly awarded to Hilmarc’s Construction Corp. despite the lack of the required publication of the invitations to bid, with Hilmarc’s as the lone bidder for four phases of the project.

Investigation showed that the construction project pushed through even in the absence of approved design standards, contract plans, agency cost estimates, detailed engineering and programs of work.

The ombudsman said there was collusion among city officials and Hilmarc’s to manipulate the outcome of five “public biddings” to ensure the firm would be awarded the contracts.

Documents allegedly showed that Binay approved the BAC resolutions, notices of awards, contracts and payments.

Morales said Binay had the obligation to ensure that the contracts he was entering into were fair, reasonable and advantageous to the government.

“It bears emphasis that despite the irregularities involved in the procurements, and glaring ‘red flags’ already present in the early stages prior to the bidding and up to the release of the first and second payments to MANA, he still went on to approve the release of the last two payments in favor of MANA,” Morales said.

“By so acting, Binay Jr. intentionally closed his eyes to the irregularities by failing to observe utmost diligence,” she said.

The ombudsman started preliminary investigation and administrative adjudication proceedings against Binay last March after a fact-finding team found probable cause to charge him before the anti-graft agency’s preliminary investigation bureau.

He was ordered suspended pending completion of the probe but he was able to secure a temporary restraining order (TRO) stopping his suspension.

Three months later in June, the Office of the Ombudsman issued another preventive suspension order based on another case – the allegation of overpricing in the construction of the Makati Science High School building.

This time, Binay failed to get a TRO, forcing him to vacate his post and allow Vice Mayor Romulo Peña to take over.

Meanwhile, the ombudsman also announced yesterday its order to dismiss from government service former congresswoman and now Masbate Gov. Rizalina Seachon-Lañete for grave misconduct, serious dishonesty and conduct prejudicial to the best interest of the service.

Her dismissal was in connection with the anomalous utilization of her Priority Development Assistance Fund (PDAF) from 2007 to 2009 totaling P112.29 million.

Aside from Lañete, also ordered dismissed from the service were Technology Resource Center (TRC) executives Dennis Cunanan, Marivic Jover and Consuelo Lilian Espiritu; National Agri-Business Corp. (NABCOR) official Victor Roman Cacal and National Livelihood Development Corp. (NLDC) representatives Gondelina Amata, Chita Jalandoni, Emmanuel Alexis Sevidal, Ofelia Ordoñez, Sofia Cruz, Filipina Rodriguez and Gregoria Buenaventura.

Lañete and her co-accused are facing charges of plunder and multiple counts of graft before the Sandiganbayan for alleged involvement in the pork barrel fund scam.

Investigation disclosed that her PDAF allocations were never used for the intended agricultural and livelihood projects. Documents obtained by investigators such as disbursement vouchers, progress and accomplishment reports, fund utilization, inspection and delivery reports and certificates of acceptance were found to be fabricated.