Ex-Makati mayor Junjun Binay perpetually disqualified from public office in Court of Appeals ruling

(Eagle News) – Upholding the earlier decision of the Office of the Ombudsman, the Commission on Appointment (CA) perpetually disqualified from public office former Makati mayor Jejomar Erwin “Junjun” Binay Jr., after finding him guilty for irregularities regarding the Makati Science High School (MSHS) building construction.

In a ruling dated May 28, 2019, the CA affirmed with modifications the Ombudsman’s July 10, 2017 joint decision and the December 8, 2017 joint order.

The CA found Binay Jr., “guilty of serious dishonesty, grave misconduct and conduct prejudicial to the best interest of the service” in the Ombudsman case covering Phase VI of the MSHS building.

Binay was “meted the penalty of dismissal from service which shall carry with it all accessory penalties as provided in the 10 July 2017 Joint Decision and 8 December 2017 Joint Order.”

The Ombudsman earlier found irregularities in the bidding for the construction of the P1.3 billion Makati Science High School building project in 2007.

According to the Court of Appeals decision penned by Associate Justice Ronaldo Roberto Martin, Binay failed to comply with the advertisement and posting requirement for such a bidding.

“As previously mentioned, RA (Republic Act) 9184 requires that, in line with the principle of transparency and competitiveness, all invitations to bid for contracts under competitive bidding shall be advertised by the procuring entity in such manner and for such length of time as may be necessary under the circumstances, in order to ensure the widest possible dissemination thereof,” it said.

The CA, however, dismissed the three administrative complaints against Binay “on the basis of the condonation doctrine.”

The CA resolution was concurred in by Associate Justices Ramon Bato Jr. and Ramon Cruz.

Junjun Binay, recently lost, to his sister, Abby, in the Makati mayoralty race.

(with a report from Moira Encina)