‘I will not leave City Hall’ – Binay

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SOFA SO GOOD  Makati City Mayor Jejomar Erwin Binay shows the sofa where he spent the night after the Ombudsman issued an order suspending him for six months. Photo by Rene H. Dilan

SOFA SO GOOD
Makati City Mayor Jejomar Erwin Binay shows the sofa where he spent the night after the Ombudsman issued an order suspending him for six months. Photo by Rene H. Dilan

TRO petition fails to meet raffle cut-off

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A defiant Makati City Mayor Jejomar Erwin Binay Jr. on Thursday said he will not accept the Office of the Ombudsman’s order and stay in his City Hall office until the legality of his suspension is settled.

The embattled mayor made the statement a day after the Ombudsman announced his suspension from office along with other city officials for six months in connection with alleged overpricing in the construction of Makati City Hall Building 2.

“Hanggang kailangan kaming manatili dito ay hindi kami aalis [As long as we have to stay here, we won’t leave] ” Binay said in a news conference as he insisted that the Ombudsman’s order was “illegal.”

“It’s an illegal order we will not honor,” he pointed out.

Binay stayed overnight in his office as his family’s supporters thronged the City Hall compound and held a vigil purportedly to block efforts to enforce the Ombudsman’s order.

Members of the Binay family, including Vice President Jejomar Binay, who was the city’s mayor when the allegedly anomalous deal took place, stayed with the embattled mayor who slept in a sofa.

Binay maintained that he will stay put in his office pending resolution of a petition for certiorari he filed before the Court of Appeals.

He said they would not allow a member of the Liberal Party to replace him once the suspension order is served.

Malacañang also on Thursday distanced itself from the issue, saying the suspension order was purely an action of the Office of the Ombudsman, a constitutional body.

In a news briefing, Presidential Communications Secretary Herminio Coloma Jr. explained that the suspension order was part of “normative procedures” of the Ombudsman.

Contempt

The Office of the Ombudsman warned the younger Binay that he may be cited in contempt and even placed under arrest for defying the suspension order.

“The Ombudsman has the power to cite a person in contempt if he would continue to defy the order,” Assistant Ombudsman Asryman Rafanan, who also serves as the spokesman for the Office of the Ombudsman, said.

Rafanan added that they will await the report of the Department of Interior and Local
Government (DILG) on the servicing of the suspension order.

The DILG was given five days from Wednesday to implement the order.

“If the Secretary of the Interior and Local Government report says that Binay continues to defy the order, then that’s the time that the Ombudsman would have to consider other powers such as [citing the mayor in]contempt,” Rafanan said.

DILG Secretary Manuel Roxas 2nd also on Thursday confirmed receiving a copy of the Ombudsman’s order. He said the DILG would implement the order soon.

The Court of Appeals, meanwhile, has designated the 7th Division to oversee the raffle of Binay’s petition to overturn the Ombudsman’s order and stop the DILG from implementing it. The 7th Division is headed by Associate Justice Fernanda- Lampas, with Associate Justices Stephen Cruz and Ramon Paul Hernando as members.

The Manila Times learned that the Binay camp failed to meet the cut-off period for Thursday’s raffling of cases.

Binay’s lawyers had sought a special raffle beyond the CA’s business hours but the appellate court decided to have the raffle done on Friday.

In his petition, Binay argued that the Office of the Ombudsman committed a grave abuse of discretion and violated his rights in issuing a preventive suspension order against him and several city officials on a mere complaint for corruption against him.

He said Ombudsman Conchita Carpio-Morales “whimsically and capriciously disregarded and violated established laws and jurisprudence.” Binay added that he was suspended even without asking for his counter-affidavit.

He pointed out that a Supreme Court (SC) jurisprudence stated that a mere signature or approval appearing on a document is not enough to sustain a charge of conspiracy among public officials and employees.

“To use the words of the Supreme Court, apart from the petitioner’s signature, nothing else of real substance was submitted to show his alleged complicity in the purported crime,” Binay said.

He described the case filed against him before the Office of the Ombudsman as weak and does not warrant a preventive suspension.

“In this case, however, it is evident that the evidence of guilt is not strong because there is no evidence or factual basis that would sustain the charges against the petitioner as previously discussed,” the mayor said.

Binay also pointed out that the allegedly anomalous construction of Makati Cty Hall Building 2 happened before he was elected mayor in 2010. He said the project involved five phases with the questioned deal covering Phases I and II. The mayor added that only Phases
III to V were undertaken during his term.

“Undeniably, petitioner cannot be held accountable for any alleged anomaly involving Phase I and Phase II of the project as he was not yet the elected mayor,” according to Binay .

As to Phases III to V, which were done during his first term from 2010-2013, he said he cannot be held administratively liable because his reelection for a second term rendered the case against him moot and academic on the basis of the “Aguinaldo doctrine.”
The doctrine pardons previous offenses of any local official.

“While some of the acts attributed to the petitioner were allegedly implemented during his second term as mayor [2013-2016], the same relates to transactions [Phases III to V] concluded during his first term of office and therefore effectively condoned his administrative liability by his reelection,” it was stated.

“The Ombudsman has clearly lumped the petitioner with the other respondents in the case lodged before it, with general accusations in a ‘hit or miss’ fashion, relying on a ‘conspiracy’ among all of them. However, such cannot be presumed from petitioner’s mere signature on the disbursement voucher and purchase contact,” Binay said.

He junked accusations of conspiracy for there is no evidence to show that he had any prior knowledge of any irregularity to be committed or that he intentionally participated in the planning, preparation or perpetration of the alleged conspiracy to defraud the Makati city government.

“In this case, respondent Office of the Ombudsman clearly acted in a capricious and whimsical exercise of judgment when [it]preventively suspended the petitioner despite the fact that no strong evidence, if any at all, has been presented against him,” Binay said.

WITH JOEL M. SY EGCO

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19 Comments

  1. philip pinoy on

    The rule of the law shld be implemented no matterwhat laging nangyayari ang ganitopag me suspensyon kapit sa pwesto at hakot ng mga taga suporta kayapag me balita sa paligid ma
    Me libreng pagkain doon sa cty hall takbuhan agad yanang sisyema dto dapat hindi na nila inaabisuhan para dikapag prepare

  2. Alben Mokesh on

    Mula’t sapul nang lumabas ang akosasyon sa anomalya sa pamahalaan ng ciudad ng makati, lagi ipinangangalandakan ng familia Binay na sasagutin nila lahat ang akusasyon sa korte. Ngayon na ang kaso nasa korte e bakit di nila sagutin o harapin ang sinasaad ng batas para mapatunayan na wala silang sala. Bakit kung anong doktrina ang minumungkahi kesyo reelected na siya napawalan sala at wala silang pananagutan sa mga nangyari noon unang termimo niya.

    Kung ganito ang batas gagawin at gagawin ng mga politiko ang magnakaw ng magnakaw gaya ng mga Binay at gamtin ang bahagi ng pinagnakawan ibayad sa mga botante dahil pag na halal muli wala na silang kasalanan.

    Kawawang Pilipinas.

  3. Concerned Citizen on

    Mga taga-Makati, tayo na po mismo ang SUMIPA sa abusadong mayor na si Junjun Binay! Bawiin na natin ang tiwala at suportang ibinigay natin sa mayor dahil niloko niya tayo!

    Junjun Binay ALIS DIYAN!

  4. My nerves are getting crisps or twisted when these clans are not respecting the law. I hope our government will implement the rule of law. Think about it, they have a representative in the Congress and in the Senate. They have a Vice President Dad. And then a mayor. I can’t blame them but because of our countrymen voted for them. I hope our people will learned to vote the right person and not because of money. And look what happened now? Taxpayers’ money are being pocketed by those crocodiles. I really don’t understand why our people doesn’t get a lesson from Marcos times?

  5. ok then the Police can force him out. this is the rule of law unless we do not have a rule

  6. The public knows the best evidence when listening to a series of televised presentations where Junior Binay has refused to appear and defend himself. It is time for our system of justice to take its’ real course to restore public trust. Let no amount of money or influence frustrate the cause of truth already perceived by the public. The rea rule of law must be enforced in this regard by officials called to act accordingly.

  7. jose b. taganahan on

    The Ombudsman, within its power as provided by law, issued a preventive suspension order only after eight (8) months of fact finding investigation and will start soon the preliminary investigation after finding that there is basis for the complaint filed by Atty. Renato Bondal before the OMB last July 2014 yet. There are many government officials who were preventively suspended by the Ombudsman while on-going preliminary investigation at the OMB and they did not get any relief from the CA by way of a TRO to stop the preventive suspension order issued against them. Some of these government officials were former Cebu Governor (and now congressswoman) Gwen Garcia, DBM executives lead by Usec Relampagos and then PNP Chief Alan Purisima.

    The case of then Mayor Jejomar Binay in October 2006 is much different because it was not the Ombudsman who suspended Jejomar Binay but the Office of the President thru then Executive Secretary Eduardo Ermita.

  8. Let the Ombudsman do its job. If indeed Binay is clean, he should welcome the investigation and the suspension as means to clear his and family’s name. Public perception is such that he refused to leave the city hall in order to cover up things. Accept the order and prove the contrary. Attacking the Ombudsman is not productive. It has a very high credibility in the minds of people.

  9. Kapag nag-suot uli si Bise ng kaniyang camouflage jacket, sigurado may mga television cameras na malapit ng dumating.

  10. I’d like to see their threat of MISENCOUNTER take place. Junjun might have paid the MILF and BIFF to fight for him. This will be tailor-made for Mar Roxas, who was bypassed in the SAF Masasapano encounter, to show the world that he has cojones worthy of a President in contrast to PeNoy who apparently lost his at birth. The Binays have been used to acting like royalty that they think they are above the law. But notice their haggard looks now, from Susmaryosep to Nancy to Junjun. They can no longer sleep because they know the party is over and there is no way they can escape Bilibid where they can build their kubol-mansions.

  11. JunJun Binay is exhibiting the kind of character that is common among Philippine politicians – arrogant, kapit-tuko sa pwesto, incompetent, and kapalmuks!

    Filipino voters, if they have smarten up, should trash all political dynasties in the next elections.

  12. nationalistaako on

    Kailan kaya mawawala si VP Binay sa mundong ito para matapos na ang kayabangan ng kanyang asawa at mga anak? The case against the Binays were filed in the middle or late of 2014. What is Gunggong Binay is talking about speedy suspension when this was already filed almost a year ago. Gunggong Binay will copy the legal dilatory tactics that his father did to avoid being convicted. They all are telling a lot of LIES and ALIBIS not to defend themselves in Congress but now it’s already the court that’s suspending him and still he defies it by saying its because of “political reasons”. Mga Binays!!! magsisisi na kayo dahil LENT naman ngayon. Tangapin at aminin na ninyo ang pagnanakaw ninyo para mabawasan ang dusa ng Diyos sa inyo. Thank God for the suspension of the Binays and cohorts and please God save our country from these thieves (Binays).

    • Mas magaling magnakaw kay Marcos ang mga ito! Anog klasang magulang ang magtuturo sa anak na magnakaw? Maitim ang kulay saka budhi.

  13. Napakapal ng mukha ng mga Binays. Akala nila mas mataas pa sila sa batas. Napakayabang ng Junjun na ito. Ano kaya ang kayabangan ng mga anak ni Binay pag namatay na si VP Binay. Matatapang lang sila dahil akala nila pag-aari na ni VP Binay ang Pilipinas at ke congreso man o korte ay akala nila mataas pa sila dito. Mga anak ni Binay, antayin ninyo ang kamatayan ni VP Binay at tignan natin kung hanggang saan ang kayabangan ninyo.

    • Kabayan, hindi kailangang mamatay si Susmaryosep para makaranas nang paghihirap ang mga anak niyang primsipe at mga prinsesa. Ngayon pa lang kitang-kita na tapos na ang maliligayang araw nila. Simula lang itong suspension, pagna-trial iyan siguradong kulong sa Bilibid is Sr. at si Jr. Kung sa bagay, kaya nilang magpagawa ng kubol na mansion pero small-time na lang ang makukurakot sa kapwa nila preso.

      Sobra sila kayabang. Dapat nang maputol ang pagnanakaw.