CA upholds Junjun Binay’s disqualification from public office

Aside from Binay, 12 other former employees of Makati City Hall were found guilty of the same offenses. Former Makati City Administrator Eleno Mendoza was also found administratively liable for simple misconduct and was meted the penalty of suspension of six months without pay. (PNA file photo by Avito C. Dalan)

MANILA — The Court of Appeals has affirmed an Office of the Ombudsman ruling disqualifying former Makati City Mayor Jejomar “JunJun” Erwin Binay, Jr. from holding public office over an administrative case involving a school building.

The Ombudsman earlier found Binay guilty of serious dishonesty, grave misconduct and conduct prejudicial to the service in connection with the irregularities in the construction of the Makati Science High School (MSHS).

Aside from Binay, 12 other former employees of Makati City Hall were found guilty of the same offenses. Former Makati City Administrator Eleno Mendoza was also found administratively liable for simple misconduct and was meted the penalty of suspension of six months without pay.

In a 12-page consolidated resolution dated December 20, 2019, the CA 8th Division denied the motions for reconsideration for lack of merit filed by Binay and the other city officials.

The ruling was penned by Associate Justice Ronaldo Roberto Martin and concurred in by Associate Justices Ramon M.

Bato Jr. and Ramon A. Cruz.

In its ruling, the CA turned down Binay’s claim that he should be exonerated as head of the procuring authority and said he had acted in good faith in the procurement and implementation of the Phase VI of the MSHS project which amounted to PHP165.26 million. The entire MSHS project totaled PHP1.3 billion.

“The rules on competitive public bidding and those concerning the disbursement of public funds are imbued with public interest. Government officials whose work relates to these matters are expected to exercise greater responsibility in ensuring compliance with the pertinent rules and regulations,” the CA said.

The court noted that Binay’s approval of the Bidding and Awards Committee resolution “was not an empty formality” and cited that the BAC’s invitation to bid as published contained incomplete information, preventing prospective bidders from participating and submitting bid documents in time and favoring contractor Hilmarc which won all the contracts for the school building’s construction.