Exactly two weeks after his term has ended, former vice president Jejomar Binay Sr. was formally charged in court by the Office of the Ombudsman in connection with the alleged overpriced construction of the P2.2-billion Makati parking building.
In separate charge sheets filed before the anti-graft court Sandiganbayan Thursday morning, the Ombudsman through its prosecutorial arm Office of the Special Prosecutor (OSP) charged Binay with violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, Falsification of Public Documents as defined under Article 171 of the Revised Penal Code (RPC) and violation Republic Act 9184 or the Government Procurement Reform Act.
Prosecutors from the OSP are still in the processing of having the cases received by the Sandiganbayan Records and Receiving Section as of posting time.
Based on the Ombudsman's earlier resolution, Binay Sr. in conspiracy with the other city officials, awarded a contract to Mana Architecture and Interior Design, Co. (MANA) for the first and second phases or the design stage of the Makati City Hall Building II project, allegedly without holding a public bidding.
The OSP said four payments to MANA totaling P11.97 million were processed and approved despite the incomplete submission of deliverables such as design plans, working drawings, and technical specifications.
It was in October last year when the Ombudsman ruled that there was probable cause to file graft and falsification of public documents cases before the Sandiganbayan against Binay Sr., his son former Makati mayor Erwin "Junjun" Binay Jr. and 22 other former officials of Makati City government over the alleged overpriced construction of the P2.28-billion Makati City Hall Building II also referred to as the Makati parking building.
The Ombudsman said the implementation of the project, which was divided into six phases, took place from 2007 to 2013 despite the absence of approved design standards, contract plans, agency cost estimates, detailed engineering and programs of work, among others.
In February of this year, the Ombudsman affirmed its ruling, denying the respective motions for reconsideration of Binay Jr. and the other respondents.
In the same month, graft and falsification of public documents cases were filed against the younger Binay and 13 other individuals before the Sandiganbayan over the alleged anomalous construction stage of the project.
The Ombudsman, however, deferred the filing of cases against the older Binay due to his immunity from suit at that time.
Under the Constitution, impeachable officials such as President, Vice, President and Supreme Court Chief Justice cannot be charged in court while they are still holding the position.
Binay Sr.'s term ended on June 30.
Aside from the charges filed at Sandiganbayan, Binay Sr. is also facing investigation before the Ombudsman for five plunder complaints, one of which is still in connection with the Makati parking building anomaly.
The other plunder complaints are in connection with the overpriced construction of a College of Nursing Building in the University of Makati (UMak) and the Makati Science High School, as well as the alleged illegal conversion of a public property in Barangay Comembo in Makati to a private property of one of the vice president’s alleged dummies.
The fifth plunder complaint was in connection with the alleged anomalous sale of a one-hectare lot owned by the Boy Scouts of the Philippines (BSP) to property developer Alphaland Corporation.
“Plunder complaints are independent with other complaints. Ung kasong natapos na [ang investigation] we will file [the case]. For these plunder complaints, were are still gathering evidence,” Ombudsman Conchita Carpio-Morales said in an earlier interview.