CA clears Binay son in P2.28-B admin rap
The Court of Appeals (CA) has cleared former Makati City mayor Jejomar Erwin “Junjun” Binay Jr. of administrative charges in the alleged anomalous construction of the P2.28-billion city hall parking building.
In a 159-page decision promulgated last May 3, the CA’s 10th Division reversed and set aside the September 2017 ruling of the Office of the Ombudsman ordering the dismissal from government service of Binay and four other city officials it found guilty of serious dishonesty and grave misconduct for the overpriced procurement of the architectural design, engineering services and construction of the building.
It granted the petition of Binay, who is facing separate criminal cases before the Sandiganbayan along with his father, former vice president Jejomar Binay.
The CA held that Ombudsman Conchita Carpio-Morales erred in dismissing the former mayor because of the applicability of the condonation doctrine in this case.
The Supreme Court, in its November 2015 ruling on the earlier preventive suspension order of the ombudsman against Binay involving the same project, abandoned the doctrine, which extinguishes the administrative liabilities of an elective public official from previous terms upon reelection.
But the ruling was prospective in application, meaning it only covers future cases.
The CA ruling, penned by Associate Justice Edwin Sorongon, rejected the ombudsman’s argument that Binay cannot use the condonation doctrine for his defense because he signed and approved an undated disbursement vouchers on July 24, 2013 amounting to P429,011 and another disbursement voucher dated July 3, 2013.
The CA held that the vouchers were signed after Binay was re-elected, the vouchers were related to the services pursuant to contracts which were entered by the city government during his prior term.
Apart from Binay, the CA also granted the similar petitions filed by Makati City administrator Marjorie de Veyra; city accountants Cecilio Lim III and Eleno Mendoza Jr.; and city central planning management office chief Virgina Hernandez and also voided the dismissal penalty imposed by the ombudsman against them.
The CA, meanwhile, downgraded the penalty imposed on four other petitioners – Emerito Magat, Nelia Barlis, Leonila Querijero and Raydes Pestano – from dismissal to suspension for six months.
The court ordered their reinstatement and the payment of their salaries and other benefits that they did not receive by reason of their dismissal.
The CA affirmed the dismissal order against the other respondents – city legal officer Pio Kenneth Dasal, city budget officer Lorenza Amores, civil engineer of the central planning management office Arnel Cadangan, CPMO chief Line dela Pena, city legal officer Giovanni Condes, technical working group officer Rodel Nayve, general services department staff Norma Flores, bids and awards committee member Ulysses Orienza, CPMO staff Connie Consulta, BAC secretariat Manolito Uyaco and BAC member Gerardo San Gabriel.