MANILA (Updated) -- The Office of the Ombudsman filed Thursday before the Sandiganbayan graft charges against former Vice President Jejomar Binay in connection with the anomalous P2.28-billion Makati City parking building project.
The Ombudsman's Office of the Special Prosecutor went to the anti-graft court and filed multiple counts of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act, as well as malversation, and falsification of public documents against Binay.
Last February 5, Ombudsman Conchita Carpio-Morales affirmed the indictment of Binay and 22 others, including his son, dismissed Makati City mayor Jejomar Erwin Binay Jr. However, the anti-graft division waited for the former Vice President's term to expire last June 30 before filing such cases since he was then an impeachable officer.
Any impeachable officer while in office cannot be the subject of a criminal indictment in court.
The corruption charges against Binay and others stemmed from the allegedly anomalous construction of the P2.2-billion Makati City parking building project undertaken in five phases from 2007 to 2013.
The complaint said that then-mayor Binay awarded the P11.975-million contract for the design/architectural services to private firm MANA without public bidding. Periodic payments were released to MANA without its corresponding deliverables under the contract.
It also said that the bidding and the construction for Phases I and II of the car park building proceeded without a detailed engineering plan from MANA, contrary to procurement laws and regulations.
Morales also noted that "no public bidding was conducted by Binay, Sr., et. al. prior to engaging the services of MANA as project designer."
"The evidence showed the procurement process was manipulated to ensure the award of the contract to MANA; and that four payments totaling to P11.97 million were processed and approved despite the incomplete submission of deliverables such as design plans, working drawings, and technical specifications," the information read.
Morales said that based on their investigation, the construction of the car park building began even in the absence of approved design standards, contract plans, agency cost estimates, detailed engineering and programs of work.
"No pre-procurement conference was undertaken and bid documents were made available only for one day in violation of procurement rules and regulations," the information added.
In finding probable cause, the Ombudsman added that the Commission on Audit (COA) Fraud Audit Office's Initial Evaluation Report noted that "the negotiated procurement adopted by the BAC (Bids and Awards Committee) was improper."
Morales also mentioned that the Makati City officials "colluded with Hilmarc's, to manipulate the outcome of the five 'public biddings' for the purpose of ensuring that Hilmarc’s would be awarded the contracts."
The Ombudsman's inquiry showed that the infrastructure projects were awarded to Hilmarc's despite the lack of the required publication of the invitations to bid, with Hilmarc's as the lone bidder in four phases of the project.
A separate plunder complaint against the former vice president is still under investigation by the Office of the Ombudsman.
Meanwhile, Binay's said the former vice president is ready to face his accusers and clear his name in a fair and impartial hearing.
In a statement, Binay's spokesman Joey Salgado said the filing of cases against the former vice president is a "diversionary move" by Morales "to shield her political patrons from public indignation."
"Kahit nagpalit na ng administrasyon ay ipinapakita pa rin ng Ombudsman na sya ay protektor ng Liberal Party… her undying loyalty to her LP patrons comes at the expense of accountability and respect for the rule of law," said Salgado. (Sunnex)