Binays’ prosecution marks 2015 for Office of the Ombudsman

MANILA, Philippines – The year 2015 was another busy year for the Office of the Ombudsman, considering the numerous cases it is now probing and many others it has resolved and elevated to the Sandiganbayan. But the year will be remembered for its investigations on Vice President Jejomar Binay and his son Makati Mayor Jejomar Erwin Binay Jr.

Two months ago, Ombudsman Conchita Carpio-Morales ordered the dismissal from government service of the younger Binay while he was under preventive suspension, a move that effectively unseated the local chief executive of the country’s financial capital.

Also in October, the anti-graft agency announced that it has found probable cause to indict the Vice President and his son for multiple counts of graft and malversation of public funds for their alleged roles in the overpriced construction of the Makati City Hall Building II from 2007 to 2013.

The Binays, who have denied all the accusations being hurled against them and branding the allegations as politically motivated, are in the process of appealing the findings.

If they are not reversed, the son and his fellow respondents to the cases are expected to face indictment before the Sandiganbayan next year.

As for the father, the Office of the Ombudsman said Vice President Binay is immune from suit as he is an impeachable official and will continue to enjoy immunity if he is elected president next year.

But if he loses the elections, the anti-graft agency will most likely proceed with charging and bringing him to trial along with his son and all those tagged in the alleged Makati City Hall Building II anomaly.

The graft accusations against the father and son started making headlines in 2015 when Ombudsman Morales issued a preventive suspension order against Junjun in March.

Implementation of the first suspension was, however, halted by a restraining order from the Court of Appeals, thereby allowing the local official to keep his post.

But four months later, another preventive suspension order, this time arising from the alleged overpriced construction of the Makati Science High School building, was issued.

Junjun again tried to block the suspension but failed this time to convince the court to stop the ombudsman from temporarily unseating him while under investigation.

The mayor was forced to vacate his seat not knowing that three months later, he would be permanently dismissed from government service and perpetually disqualified from holding public office after being found administratively liable for grave misconduct and serious dishonesty because of the Makati City Hall Building II case.

During the entire process, Vice President Binay and his son kept accusing the Office of the Ombudsman of bias and ignoring the counter evidence that they have against the plunder, graft and other complaints being lodged against them.

Morales, apparently losing her cool, broke her silence and admitted that she was getting irritated with the accusations of partiality.

But the accusations have also been raised in connection with those implicated in the pork barrel scam. So far, out of some 200 lawmakers past and present who were implicated in documents presented by the Commission on Audit, only three senators – all belonging to the opposition – have been detained without bail for the scandal.

Enrile leaves jail

The year 2015 also saw the Office of the Ombudsman moving to prevent those involved in the alleged misuse of the Priority Development Assistance Fund (PDAF) from getting out of jail.

The ombudsman lost in the case of Sen. Juan Ponce Enrile, who was granted temporary liberty by the Supreme Court.Senators Ramon Revilla Jr. and Jinggoy Estrada, lawyer Jessica “Gigi” Reyes and other respondents are still behind bars.

Alleged pork barrel fund scam brains Janet Lim-Napoles is serving a life term for serious illegal detention.

Prosecutors, fighting legal battles at the Sandiganbayan fiercely against high-priced and high-caliber defense counsels, have managed to keep all accused in jail.

In addition to Enrile, Revilla and Estrada, the Office of the Ombudsman filed charges against five more former lawmakers this year also for alleged involvement in the PDAF scam.

Former lawmakers Rizalina Seachon-Lanete and Edgar Valdez were indicted for plunder, while former lawmakers Samuel Dangwa, Rodolfo Plaza and Constantino Jaraula were indicted for lesser charges of graft, malversation of public funds and direct bribery.

Other big cases

Apart from the Binay cases and the pork barrel fund scam, the Office of the Ombudsman handled, investigated and ruled on other high-profile cases in 2015 that the public was made aware of due to the revitalized efforts of the anti-graft agency’s Public Information and Media Relations Bureau to inform the people.

In June, the ombudsman dismissed from government service Philippine National Police chief Alan Purisima and 10 other PNP officials for entering into an anomalous courier service contract with a firm in 2011.

Four months later, she ordered the filing of criminal charges against top officials of the PNP for their involvement in the anomalous issuance of firearm licenses for AK-47 rifles to security agencies that ended up in the hands of New People’s Army (NPA) rebels.

In November 2015, the Office of the Ombudsman indicted Sen. Lito Lapid for graft for his alleged role in the 2004 fertilizer fund scam when he was governor of Pampanga.

Weeks later, Morales filed graft charges against former Metro Rail Transit 3 general manager Al Vitangcol III arising from an allegedly anomalous interim maintenance contract for the train system.

And most recently, the Office of the Ombudsman announced that it has found probable cause to charge Sen. Joseph Victor Ejercito for graft and technical malversation of public funds in connection with the anomalous procurement of high-powered firearms when he was mayor of San Juan.