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PostPosted: Fri Oct 09, 2015 9:28 pm 
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MANILA, Philippines (2nd UPDATE) – Ombudsman Conchita Carpio-Morales has ordered the dismissal of suspended Makati Mayor Jejomar Erwin "Junjun" Binay Jr over the alleged overpricing of the Makati City Hall Parking Building II.

In ordering Binay's dismissal from service and perpetual disqualification from public office on Friday, October 9, Morales said in a statement that the "strong evidence" presented during administrative adjudication "remained unrebutted."

She said that there were irregularities in the design and architecture in several phases of the said city infrastructure project worth P2.28 billion, undertaken from 2007 to 2013.

The Ombudsman's decision recommends that Binay, who is expected file his certificate of candidacy for Makati mayor next week, be barred from holding public office.

The Ombudsman also ordered the dismissal of 19 other Makati officials:

Marjorie de Veyra
Pio Kenneth Dasal
Lorenza Amores
Virginia Hernandez
Line dela Peña
Mario Badillo
Leonila Querijero
Raydes Pestaño
Nelia Barlis
Cecilio Lim III
Arnel Cadangan
Emerito Magat
Connie Consulta
Ulysses Orienza
Giovanni Condes
Manolito Uyaco
Gerardo San Gabriel
Eleno Mendoza Jr
Rodel Nayve
Morales said that while Binay may file an appeal, the decision is "immediately executory."

Binay is also currently serving a 6-month preventive suspension order from the Ombudsman for the alleged overpricing of the Makati Science High School building.

'Binay intentionally closed his eyes to irregularities'

In a 103-page joint decision on 6 docketed complaints, the Ombudsman said that "flagrant anomalies" were found to have been committed by Binay and the other city officials in the design and construction of the Makati city hall parking building II's 6 phases. (WATCH: Red flags in 'overpriced' Makati infra projects)

It said that the services of Mana Architecture and Interior Design Company (MANA) were engaged without the benefit of public bidding in phase 1.

"The documents established badges of fraud committed by Binay, Jr. et.al. in manipulating the procurement to ensure the award of the contract to MANA; processing and approving a series of four (4) payments totaling to P11.97 million despite the incomplete submission of deliverables such as design plans, working drawings, and technical specifications," it said.

The Ombudsman said procurement violations were commited there were no invitations to bid, contrary to the Republic Act No 9184 or the Government Procurement Reform Act.

"A certified true copy of the publication obtained from the National Library showed that no advertisement for the invitations to bid was made as attested to by the publisher," it said.

The Ombudsman said there was "undue haste" in awarding the contract – the Makati Bids and Awards Committee (BAC) supposedly took just 11 days to complete the procurement process for the big infrastructure project.

It cited the Commission on Audit Fraud Audit Office’s Initial Evaluation Report that “the negotiated procurement adopted by the BAC was improper.”

The construction projects were ultimately awarded to Hilmarc’s Construction Corporation despite the lack of the required publication of the invitations to bid. It was also the lone bidder in 4 out of the 6 phases.

Moreover, the Ombudsman said that the construction project began "even in the absence of approved design standards, contract plans, agency cost estimates, detailed engineering and programs of work."

The joint decision also explained that there was supposed collusion among city officials and Hilmarc’s to manipulate the outcome of the 5 “public biddings” to ensure that Hilmarc’s would be the winning bidder.

Morales said Binay had the obligation to ensure that the contracts he was entering into were "fair, reasonable and advantageous to the government." Documents indicate that Binay approved the BAC resolutions, notices of awards, contracts and payments.

"By so acting, Binay intentionally closed his eyes to the irregularities by failing to observe utmost diligence," the Ombudsman added.

'Dismissal by press release, suspicious timing'

The Binay camp slammed the Ombudsman's decision as "dismissal by press release."

"Bistado na ang Ombudsman. Minadali nito ang order dahil sa Lunes ay magsisimula na ang filing ng CoCs (certificates of candidacy) para sa 2016 election. Ni wala pang kopya ng order na natanggap si Mayor. Dismissal by press release ang ginawa ng Ombudsman," vice presidential spokesperson Joey Salgado said in a statement.

(The Ombudsman has been exposed. It rushed this order because the filing of CoCs for the 2016 elections starts on Monday. The mayor has not even received a copy of the order. What the Ombudsman did was a dismissal by press release.)

Salgado said that Binay will face the legal challenge and will elevate it to court "to stop the administration's abuses and underhanded moves" against him.

In an interview on ANC, Binay's lawyer, Claro Certeza, also questioned what he called the "suspicious" timing of the Ombudsman's decision, as it comes just days away from the start of the filing of COCs.

"We have to look at the bigger picture here. Look at the timing when the resolution is issued. It's about the time when parties are supposed to be filing their COC, then they issue such a resolution," Certeza said.

"You will agree with me that something like this will negatively impact both the Vice President and Mayor Junjun insofar as their aspirations to be elected are concerned," he added.

Vice President Jejomar Binay, who is also hounded by corruption allegations when he was Makati mayor, is seeking the presidency.

Certeza said that they were surprised by the Ombudsman's resolution. "We have already presented all evidences that we have to the Ombudsman, that's why we are surprised about this finding that they made."

The next step, he said, is to get a copy of the resolution, and once he has studied it, he will file an appeal with the Court of Appeals. The lawyer said, however, that "the problem here is that this decision is immediately executory."

"So I guess this is really their strategy, to see to it that least with respect to the certification of candidacy, Mayor Binay will be really hard pressed for time to seek any legal relief. The timing is very suspicious," he said.

Malacañang said in a statement that it respects the decision of the Office of the Ombudsman, "being an independent office from the Executive," and expects all other parties to do the same.

"In undertaking its constitutionally-mandated role, it is incumbent on all parties to abide by the decision and to avail of the legal remedies provided under law," said Deputy Presidential Spokesperson Abigail Valte. – Rappler.com

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PostPosted: Fri Oct 09, 2015 9:34 pm 
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Sabi sa radyo, Si Abegail Binay na lang daw ang tatakbong Mayor ng Makati, kung sakaling di na talaga pwede tumakbo si kuhol, ...este si junjun. Then yung asawa daw nung abegail ang tatakbong congressman kapalit nya.

Parang sa San Juan lang, puro kamag anak ng convicted plunderer na si erap yung tatakbo.

Onli in da pelepens....-pahiram pipered

:lol: :lol: :lol:

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PostPosted: Fri Oct 09, 2015 10:29 pm 
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tatay nya ang utak nyan...

masasabi ko na talaga na bobotante na talaga ang maniniwala pa dyan kay binay...


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PostPosted: Fri Oct 09, 2015 10:43 pm 
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kawawa naman si junjun

na pulitika :lol: :lol: :lol:

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PostPosted: Fri Oct 09, 2015 11:33 pm 
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Bin-Go! daw... hindi Bi-Hon

e yung mga nababasa ko ang sabi...


Bi-Go! = epic fail!


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PostPosted: Sat Oct 10, 2015 10:32 am 
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Perptual Absolute Disqualification to run into any Public Office and forfeiture o pensions....Tsakit nun a! Bata ka pa kasi...corrupt ka na :lol: !


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PostPosted: Sat Oct 10, 2015 10:44 am 
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`
'you steal small, small din ang biyayang maiibigay mo sa iyung nasasakupan..,
you steal big, you can give bigger and afford big-time lawyers, judges too later..'


' onli en da pelepens '

:)

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PostPosted: Sat Oct 10, 2015 12:01 pm 
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May ganyang power pala ang ombudsman? Akala ko investigation at prosecution lang. Kasama na suspension.Pero dismissal? Elective official ang ididismiss? Malakas pala ang ombudsman. Pakipaliwanag nga torni nabas.

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PostPosted: Sat Oct 10, 2015 12:17 pm 
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rudge wrote:
May ganyang power pala ang ombudsman? Akala ko investigation at prosecution lang. Kasama na suspension.Pero dismissal? Elective official ang ididismiss? Malakas pala ang ombudsman. Pakipaliwanag nga torni nabas.



point of view? :biglaugh:

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PostPosted: Sat Oct 10, 2015 2:06 pm 
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rudge wrote:
May ganyang power pala ang ombudsman? Akala ko investigation at prosecution lang. Kasama na suspension.Pero dismissal? Elective official ang ididismiss? Malakas pala ang ombudsman. Pakipaliwanag nga torni nabas.


administrative cases pre ang jurisdiction ng ombudsman.
if found guilty, tanggal lang sa posisyon (with accessory penalty of disqualification to hold/run for public office) ang desisyon


pero kung criminal case ang pinag file, the ombudsman will determine whether there is a probable cause or not para isampa ang kaso sa sandiganbayan. pag naisampa, ombudsman will be the prosecution side
if sandiganbayan found the elected/appointed official guilty, merong kulong, forfeiture of assets, disqualifications, damages, etc.

malamang sa kaso ni junjun binay, susunod na ang criminal case
pareho ng pinag file na kaso kina jinggoy, bong, enrile

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PostPosted: Sat Oct 10, 2015 2:09 pm 
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kawawa naman si mayor.. mahal na mahal pa naman sya ng taong bayan..

:peace:

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PostPosted: Sat Oct 10, 2015 3:49 pm 
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Romy Nabas wrote:
rudge wrote:
May ganyang power pala ang ombudsman? Akala ko investigation at prosecution lang. Kasama na suspension.Pero dismissal? Elective official ang ididismiss? Malakas pala ang ombudsman. Pakipaliwanag nga torni nabas.


administrative cases pre ang jurisdiction ng ombudsman.
if found guilty, tanggal lang sa posisyon (with accessory penalty of disqualification to hold/run for public office) ang desisyon


pero kung criminal case ang pinag file, the ombudsman will determine whether there is a probable cause or not para isampa ang kaso sa sandiganbayan. pag naisampa, ombudsman will be the prosecution side
if sandiganbayan found the elected/appointed official guilty, merong kulong, forfeiture of assets, disqualifications, damages, etc.

malamang sa kaso ni junjun binay, susunod na ang criminal case
pareho ng pinag file na kaso kina jinggoy, bong, enrile

K tnx :D

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PostPosted: Wed Nov 13, 2019 9:33 am 
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mang Jabz perpetual disqualification na pala ang only son ni VP Jojo ? :?


Junjun Binay banned from holding public office as CA affirms raps
Mike Navallo, ABS-CBN News
Posted at Jun 04 2019 03:49 PM | Updated as of Jun 04 2019 08:04 PM

ABiaS-CBN News wrote:
MANILA – (UPDATE) The Court of Appeals (CA) has affirmed the Office of the Ombudsman’s decision dismissing former Makati City Mayor Jejomar Erwin “Junjun” Binay Jr. and perpetually disqualifying him from public office over an administrative case involving a school building.

In an 88-page decision dated May 28, the CA 8th Division found Binay guilty of serious dishonesty, grave misconduct and conduct prejudicial to the best interest of the service in connection with “glaring irregularities” that surrounded the construction of phase 6 of the P1.3-billion Makati Science High School (MSHS) building.

The appellate court upheld with modifications the July 10, 2017 joint decision and December 8, 2017 joint order of the Ombudsman that dismissed Binay from service and meted the accessory penalty of perpetual disqualification from holding public office.

Binay is accused of rigging the bidding process in favor of service contractor Hilmarc for phase 6 of the construction which cost P166.85 million. Because of incomplete information in the published invitation to bid, only Hilmarc was able to submit bid documents with a proposal of P165.26 million.

In finding Binay guilty, the CA faulted him for various acts he committed as Makati mayor in entering into a contract and paying Hilmarc.

These include the absence of a pre-procurement conference, non-compliance with advertisement and posting requirements, and undue haste in completing the procurement process even in the absence of detailed engineering plans.

The administrative case involving phase 6 of the MSHS building is just one of four cases against Binay.

The appellate court applied the condonation doctrine in dismissing three other administrative cases involving the architecture contract as well the construction contracts for phases 4 and 5 of the MSHS building.

It was, however, not applied on phase 6 of the school building because it was entered into and implemented during his second term in office, from 2013 to 2016.

Under the condonation doctrine, a public official cannot be removed for misconduct committed during a previous term. It only applies to administrative cases.

“Binay, Jr. may not successfully invoke the condonation doctrine as it is undisputed that he was not reelected to an elective position after his 2013-2016 term during which the irregularities were committed,” it said.

Binay, son of former Vice President Jejomar Binay, did not run during the 2016 elections and lost to his sister, reelectionist Makati Mayor Abby Binay, in last month's midterm polls.

Abby Binay beats brother Junjun for Makati's top post

In a statement, Binay said he and his lawyers will appeal the decision.

"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.

Aside from Binay, former Makati City Administrator Eleno Mendoza was also found "administratively liable" for simple misconduct and was meted the penalty of suspension of 6 months without pay.

The CA also affirmed the Ombudsman’s ruling finding the other petitioner-respondents guilty.

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PostPosted: Wed Nov 13, 2019 10:13 am 
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Old news...hoax yan...fake...

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PostPosted: Wed Nov 13, 2019 11:05 am 
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:shock:










:lol:

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