Makati City Hall scam whistleblower Renato Bondal on Tuesday filed two separate graft cases against Makati City Mayor Jejomar Erwin Binay Jr. with the Office of the Ombudsman.
In the first case, the suspended mayor was impleaded with his sister, Makati 2nd District Rep. Mar-Len Abigail Binay, along with several others in connection with the use of her Priority Development Assistance Fund (PDAF) or pork barrel allocation.
In the other case, graft and plunder complaints were filed against Mayor Binay and his father, Vice President Jejomar Binay, over the allegedly anomalous deal between University of Makati (UMak) and the Systems Technology Institute (STI).
Also named respondents in the PDAF case were Makati City’s resident auditor Cecilia Cag-anan; Ryan Barcelo, who was identified in the complaint as a City Hall employee; and officers and directors of the non-government organizations (NGOs) Gabay at Pag-Asa ng Masa Foundation Inc. and Kaakbay Buhay Foundation Inc.
“This instant case involves the illegal use of the Priority Development Assistance Fund [PDAF for brevity] particularly the PDAF allotment of Congresswoman Mar-Len Abigail S. Binay in the fiscal year 2011 covering only the months January until September 15, 2011,” the complaint filed Bondal read.
Bondal, a lawyer, alleged that most of Rep. Binay’s PDAF was coursed through the Makati city government.
Citing the Fund Utilization Report as of September 30, 2011, which was downloaded from the city government’s website and attached to the complaint, he said P15 million was released on January 20, 2011 in favor of Gabay at Pag-Asa ng Masa Foundation through Check No. 74328 and Voucher No. 0034 and P10 million was released on March 29, 2011 to Kaakbay Buhay Foundation Inc. through Check No. 74360 and Voucher No. 0116.
The complaint included Barcelo for allegedly receiving various amounts totaling P895,020.40 that were disbursed from January 20, 2011 to September 2011 as medical assistance in checks and vouchers that were allegedly all in Barcelo’s name.
But, Bondal alleged that a comparison of the Fund Utilization Report and the Department of Budget and Management fund utilization report for Fiscal Year 2011 of Rep. Binay “would show that nowhere in the DBM submission reflect[s]the fund utilization in favor of fraudulent NGOs namely the Gabay at Pag-Asa ng Masa Foundation and Kaakbay Buhay Foundation Inc., which collectively received the amount of P25,000,000.00, which funds came from the PDAF allocation of Rep. Binay.”
Both NGOs “have been found to be dubious and fraudulent by the COA [Commission on Audit]. The NGOs are run by Godofredo Roque with similar modus operandi with that of the infamous [Janet Lim-] Napoles NGOs,” he said.
Janet Lim-Napoles is the alleged brains of the pork barrel scam.
The complaint further alleged that the funds were awarded to the said NGOs without the mandated public bidding by the city government.
“Just as the other lawmakers who were found liable for malversation of public funds by being complicit with the Napoles NGOs, so too must Rep. Binay be found liable and be indicted for malversation of public funds,” Bondal said.
He alleged that Makati Mayor Binay “without whose indispensable cooperation this illegal use of public funds could not have been accomplished” should also be held liable because the city government, where he is local chief executive, acted as the implementing agency for the pork barrel funds in question.
Bondal accused Makati City resident COA auditor Cag-anan of failing to safeguard the use of the public funds thus, she should also be held liable. “[W]ithout said failure, this crime could have been prevented,” he said.
According to Bondal, the Ombudsman should place the respondents under preventive suspension.
“We have culled valuable documents from the Makati government website itself but said website had been changed recently. Hence, in order that the Honorable Ombudsman may be able to have access to other vital documents for the fiscal years not posted by the City Government, and to allow an unfettered investigation into the other uses of said funds, respondents ought to be preventively suspended,” he said.
Aside from the Binays, also listed as respondents in the University of Makati case were UMak President Tomas Lopez and four private respondents namely, Eusebio Tangco, lawyer Monico Jacob, Annabelle Bautista and Jack Arroyo Jr.
Bondal said the respondents had committed plunder, malversation of public funds, graft and violation of Republic Act 9784 or the Government Procurement Reform Act.
In December 2003, the government of Makati and STI created Philippine Health Educators Inc. (PHEI) to manage the UMak’s College of Nursing.
Bondal said the creation of PHEI was not necessary, citing it only became a venue for corruption among the respondents.