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CA affirms Ombudsman decision vs Junjun Binay

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PHILSTAR/JOVENCIO CAGANDE

THE COURT of Appeals (CA) affirmed the 2017 Ombudsman decision perpetually denying former Makati City mayor Jejomar Erwin “Junjun” S. Binay from holding public office. The case stems from the P1.3 billion construction of the Makati Science High School (MSHS) under his term. In an 88-page decision dated May 28, the CA found Mr. Binay guilty of serious dishonesty, grave misconduct, and conduct prejudicial to the best interest of the service. It cited that “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…” The CA, however, dismissed three other Ombudsman cases against Mr. Binay based on the condonation doctrine as he was re-elected as mayor in May 2013, which “condoned any administrative liability arising from the procurement of architectural design and engineering services of the MSHS Building as well as in the procurement of the construction services of Phases IV and V thereof.” The condonation doctrine extinguishes administrative liabilities of an officer during his prior term. The case of serious dishonesty, grave misconduct, and conduct prejudicial to the best interest of the service against 12 others were also affirmed, while petitioner Eleno M. Mendoza, Jr. was only found administratively liable for simple misconduct and meted a penalty of suspension for six months without pay. Mr. Binay ran for mayor in the last May 13 elections, but lost to his sister, re-elected Mayor Abigail S. Binay. The decision was written by Associate Justice Ronaldo Roberto B. Martin. — Vann Marlo M. Villegas





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