CA perpetually bars Junjun Binay from holding public office over MSHS building construction

In its decision dated May 28 but a copy of it only made public on Tuesday, June 3, the Court of Appeals (CA) eighth division affirmed the 2017’s ruling of the Office of the Ombudsman, finding Binay guilty of serious dishonesty, grave misconduct, and conduct prejudicial to the best interest of the service over the construction of Phase six of the school building. (PNA file photo by Avito C. Dalan)

Following his defeat in the race for Makati City’s highest seat of power, former Makati City Mayor Jejomar Erwin “Junjun” Binay, Jr. is now perpetually barred from holding public office over irregularities in the P1.3-billion Makati Science High School (MSHS) building project.

In its decision dated May 28 but a copy of it only made public on Tuesday, June 3, the Court of Appeals (CA) eighth division affirmed the 2017’s ruling of the Office of the Ombudsman, finding Binay guilty of serious dishonesty, grave misconduct, and conduct prejudicial to the best interest of the service over the construction of Phase six of the school building.

The CA also “meted the penalty of dismissal from service which shall carry with it all its accessory penalties” as provided in the Ombudsman’s July 10, 2017 joint decision and December 8, 2017 joint order.

“Binay, Jr. as the City Mayor and despite glaring irregularities in the procurement of the construction services of Phase VI, still approved the BAC (Bids and Awards Committee) Resolution recommending Hilmarc as the bidder with LCRB (Lowest Calculated Responsive Bid), signed the Notice of Award, entered into a contract with Hilmarc on behalf of the City Government of Makati, signed the Notice of Commence Work, noted the Certificate of Completion and Acceptance, and approved DV Nos. 2013-12-10, 2014-02-01093 and 2014-05-04350 covering payment to Hilmarc for the construction of Phase VI of the MSHS building,” the CA ruling read.

But the CA dismissed based on the condonation doctrine the three other administrative complaints against Binay, including the construction services of Phases four and five of the MSHS building since he was reelected as mayor in 2013.

Under the condonation doctrine, a public official is cleared of administrative offenses committed during his previous term if he is reelected into office. The said doctrine has been struck down by the Supreme Court (SC) in 2015.

The doctrine, however, was no longer applied on Phase six of the building because it “was entered into and implemented all during Binay, Jr.’s second term from 2013-2016.”

“Although it was previously held by the Supreme Court that as long as the contract was entered into during a prior term, acts which were done to implement the same, even if done during a succeeding term, do not negate the application of the condonation doctrine in favor of the elective official, the same does not apply here as the contract for Phase VI was entered into with Hilmarc when Binay, Jr. was already serving his second term as Mayor in Makati City and not during his previous term,” the CA noted.

Binay ran as Makati mayor in the May 2019’s midterm elections but lost to his sister, reelectionist Mayor Abby Binay.

The decision was written by Associated Justice Ronaldo Roberto Martin, with concurrences from Associate Justices Ramon Bato, Jr. and Ramon Cruz.

Binay, for his part, said he and his legal counsels will appeal the CA’s ruling.

“My lawyers and I have agreed to immediately file a Motion for Reconsideration and exhaust all necessary legal means to prove my innocence,” he said in a statement.

“I pray that the court will find merit in our motion,” he added.