MANILA, Philippines - Ombudsman Conchita Carpio-Morales “clearly” acted in bad faith when she recommended the filing of charges against Vice President Jejomar Binay, knowing fully well that he is an impeachable official, Binay’s spokesman for political affairs said yesterday.
“The Ombudsman clearly abused its power and exceeded its authority,” according to Rico Quicho.
“And it acted in bad faith when it recommended charges against the Vice President.”
The ombudsman’s action “was intended to malign and discredit the Vice President, who cannot be the subject of an indictment during his term of office,” Quicho said.
The Office of the Ombudsman itself, through Ombudsman Field Investigating Office acting director Maria Janina Hidalgo, had admitted that the Vice President is immune from suit, he added.
If the resolution on probable cause is upheld, the Office of the Ombudsman would have to wait until the end of Binay’s term to file the charges, Quicho said.
In case Binay wins in next year’s presidential polls, the anti-graft agency would have to file the charges after his six-year term, he added.
Last Oct. 19, lawyers of Binay filed a 32-page motion for reconsideration, questioning the Ombudsman’s decision to recommend the filing of graft, malversation and falsification of public documents against him in connection with the alleged overpricing of Makati City Hall Building II.
The complaint accusing Binay of benefiting from the alleged anomalous bidding and construction of the building has no factual or legal basis, they said.
Binay’s act of signing bidding documents as mayor of Makati was part of his “ministerial duties” as local chief executive, the lawyers said.
“This was part of the procedure and he, as mayor, only followed the regular procedure,” they said.