The Commission on Audit (CoA) has ordered former Makati Mayors Jejomar Binay and Jejomar Erwin “Junjun” Binay Sr. as well as officials of Makati City to return to government coffers the P2.29 billion used to construct the Makati City Hall Parking Building 2.

State auditors issued notices of disallowance involving disbursements totaling P2.29 billion in connection with the design and construction of the Makati City Hall Parking Building 2.

The Commission on Audit (CoA) has issued notices of disallowance involving disbursements totaling P2.29 billion in connection with the design and construction of the Makati City Hall Parking Building 2.

Fifty-seven individuals including former Makati Mayors Jejomar Binay and Jejomar Erwin “Junjun” Binay Sr. were named as persons liable in a notice of disallowance dated March 15 and issued by the CoA Fraud Audit Office.

The Binay camp lashed out at the state auditors for overturning previous decisions to clear the project.

“It must be emphasized that these projects were previously subjected to CoA audit and there were no adverse findings. The CoA only started singing a different tune - in effect questioning the competence of its own people - when the previous administration began its political demolition work on former VP Binay and his family,” Joey Salgado, former vice president Binay’s spokesman, said in a text message.

“Former VP Binay and former mayor Junjun intend to appeal CoA’s findings, even if belated but not surprising,” Salgado said.

Others held liable were former Vice Mayor Ernesto Mercado, Marjorie de Veyra, Mario Hechanova, Ulysses Orienza, Gerardo San Gabriel, Pio Kenneth Dasal, Lorenza Amores, Ernesto Aspillaga, Maria Theresa de Lara, Virgilio Hilario, Angelito Gatchalian, Henry Jacome, Arnold Magpantay, Luis Javier Jr., Salvador Pangilinan, Armando Padilla, Tosca Camille Puno, Vincent Sese, Elias Tolentino Jr., Constancia Lichauco, Christine Mercado, Israel Cruzado, Erlinda Gonzales, Romulo Pena Jr., Monique Lagdameo, Merlina Panganiban, Norman Flores, Giovanni Condes, Manolito Uyaco, Ralph Liberato, Rodel Nayve, Carmelita Morales, Febronia Ambrosio, Rowena Carpio, Nelia Barlis, Leonila Querijero, Cecilio Lim 3rd, Raydes Pestano, Vissia Marie Aldon, Eleno Mendoza Jr., Line dela Peña, Rosemarie Yumul, Arnel Cadangan, Patrick Carullo, Jane Caño, Alden Albano, Emerito Magat, Elueterio Tamayo, Ronaldo Garcia, Connie Consulta, Abraham Pastor, Ronelio Tan, Mario Badillo, then-President Efren Canlas of Hilmarc’s Construction Corporation, and a deceased person.

“The disbursements of the [parking building] construction amounting to P2,280,089,780.94, which showed irregularities from budgeting to procurement to execution, including P1,301,520,330.05 total discrepancies between the actual accomplishments and the reported accomplishments, were disallowed in audit for the following reasons,” state auditors said in the notice.

“Please direct the aforementioned persons liable to settle immediately the said audit disallowance. Audit disallowance not appealed within six (6) months from receipt hereof shall become final and executory as prescribed under Sections 48 and 51 of P.D. 1445,” they said.

Presidential Decree (PD) 1445 is the Government Auditing Code of the Philippines.

According to the auditors, the five phases of the construction implemented from 2007 to 2011 were allegedly not covered by an annual procurement plan in violation of Section 7, Article II of Republic Act (RA) 9184 (the Government Procurement Reform Act) and its Implementing Rules and Regulations Part A (IRR-A).

“All five (5) contracts for the [parking building] awarded to Hilmarc’s in the total amount of P2,276,675,819.00, purportedly awarded through public bidding, were not an outcome of actual competitive bidding in violation of Section 10 of RA 9184 and its IRR. The publications of the Invitation to Apply for Eligibility and to Bid in Balita for Phases I to IV were fake per Affidavits of Publication executed by the general manager and the vice president for classified advertising of Balita,” they said.

They added that the upgraded construction of an 11-storey building at a cost of P2.28 billion from the original nine-storey building had no approved plan and corresponding Approved Budget for the Contract.

with JAMES KONSTANTIN GALVEZ