Court stands by ruling vs Binay on Makati school
THE COURT of Appeals (CA) stood by its decision to bar former Makati City Mayor Jejomar Erwin S. Binay, Jr. from holding public office after he was found to have approved the purchase of materials for the building of an overpriced school.
In a 12-page resolution, the appellate court denied Mr. Binay’s appeal for lack of merit.
The court in May affirmed the 2017 decision of the Office of the Ombudsman, finding Mr. Binay guilty of serious dishonesty, grave misconduct and conduct prejudicial to the best interest of the service for approving and entering into a P165.3 million contract for the city despite irregularities.
He was dismissed and perpetually barred from holding public office.
In his appeal, Mr. Binay claimed to have acted in good faith.
The court said the Supreme Court decision relied on by Mr. Binay, which states that offices may rely on good faith on the acts of their subordinates, was inapplicable.
It said the criminal case that Mr. Binay had cited involved graft and corruption. The accused was acquitted for lack of evidence linking him to the planning.
It also said Mr. Binay’s participation was not limited to signing documents unlike in the case he had cited.
“Binay, Jr. as head of the procuring authority was expected to exercise reasonable diligence in making sure that the prescribed bidding procedures under Republic Act 9184 were properly complied with considering that this involved a multimillion-peso construction contract or the amount of P165.26 million,” the court said.
It was also Mr. Binay’s duty to ensure that his subordinates observed the law and question them for any deviations and undertake measures before approving the purchase, the court said.
“Had Binay, Jr. exercised the due diligence expected of him, he would have easily noticed that the requirements under RA 9184 were not complied with,” it added.
Prospective bidders were prevented from participating in the bidding, favoring one company, the appellate court said.
It also denied the appeals 13 others for raising arguments already discussed in the decision.
Mr. Binay ran for Makati mayor in 2019 but lost to his sister. — Vann Marlo M. Villegas
