Court of Appeals upholds 2018 decision on former Makati Mayor Binay

March 21, 2019

The Court of Appeals has sustained its decision rendered in 2018 exonerating former Makati City Mayor Jejomar Erwin Binay, Jr., of administrative liabilities over the alleged fraudulent construction of the P2.28 billion Makati City Hall Parking Building II.

In a resolution dated March 18, 2019, the CA’s former Tenth Division through Associate Justice Edwin Sorongon dismissed the motion for partial reconsideration filed by the Office of the Ombudsman for failing to raise new arguments that would reversing its decision.

The appellate court maintained its ruling the Ombudsman committed an error in ordering Binay’s dismissal since the condonation doctrine should have been applied. This states an erring official is considered to have been forgiven for acts in his past term once he is re-elected.

But the appellate court upheld the dismissal order by the Ombudsman on other respondents: city legal officer Pio Kenneth Dasal, city budget officer Lorenza Amores, civil engineer of the Central Planning Management Office (CPMO) Arnel Cadangan, CPMO chief Line dela Pena, city legal officer Giovanni Condes, Technical Working Group (TWG) officer Rodel Nayve, general services department staff Norma Flores, bids and awards committee (BAC) member Ulysses Orienza, CPMO staff Connie Consulta, BAC secretariat Manolito Uyaco and BAC member Gerardo San Gabriel.

The Ombudsman, in its 2015 resolution, found Binay with 19 other city officials guilty of serious dishonesty and grave misconduct for alleged overpricing in procuring the architectural design and engineering services and construction of Phases I to V of the Makati City Hall Parking building.

The Office of the Ombudsman, in the same decision, ordered the dismissal of Binay and his co-accused from service. DMS