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Breaking down Binay

By and
Published December 18, 2014 at 1:54 pm

Vice President Jejomar Binay is caught in allegations of corruptionbut how did it all begin, and what does it mean for his presidential bid?

Isang bukas na aklat ang aking buhay (My life is an open book),” Vice President (VP) Jejomar Binay claimed in his address at the Philippine International Convention Center last September. He was denying allegations hurled against him for the controversial Makati City Hall Parking Building II.

His name was dropped in the overpricing of the Makati Science High School Building, which had an estimated cost of P348.6 million but cost P1.3 billion on paper. Binay denied pocketing 13% of Makati project funds, dismissing the allegations as baseless.

“Si Mar Roxas ang isa sa nangunguna sa Oplan [Stop] Nognog 2016 (Mar Roxas is one of the people leading Oplan Stop Nognog 2016),” he said in an ANC interview. Oplan Stop Nognog 2016 is the nickname for the rise of allegations against Binay, supposed attempts to disfigure him for the 2016 presidential elections. Roxas, the Interior secretary, has long been eyeing the position as well.

JV Bautista, the interim secretary general of United Nationalist Alliance, Binay’s party, first brought up Oplan Stop Nognog 2016 in an ANC interview. Nognog is a derogatory term that refers to dark skinned Filipinos and is supposedly the nickname of Binay among Liberal Party members, of which Roxas is part.

But how exactly did the heated accusations begin? In case you missed the issue, here is a walkthrough.

 

Who’s who

An investigation followed after former Makati barangay chairmen Nicolas Enciso VI and Atty. Renato Bondal filed a plunder complaint at the Office of the Ombudsman last July. Bondal, a former friend of the Binays, claimed other projects were overpriced too, including Makati City Hall at P7 B and phase 2 of Ospital ng Makati at P2 B.

Former Makati vice mayor and trusted ally Ernesto Mercado was instrumental in the disclosure, admitting he benefitted from the Makati building and delivered around P1.5 to P10 M from projects directly to Binay. Mercado alleged that out of the P1 B Binay raised from 2010 election kickbacks, he had only received 13% as other Makati officials may also have taken a share. He also exposed “Hacienda Binay” at the hearing.

Former Makati City Administrator Marjorie de Veyra said that the city government planned to file charges against Mercado for alleged anomalies in his term, commenting that he “abused the trust and confidence” reposed by the Binays. Enter the Senate Blue Ribbon sub-committee, which was crafted to aid legislation and led by Senators Alan Cayetano and Antonio Trillanes III.

In an October Senate hearing, videos of a 350-hectare farm spanning four barangays in Rosario, Batangas were shown. Hacienda Binay was estimated to cost P1.2 B, with 150 hectares developed with road networks; it included a fancy garden, air-conditioned piggery, a 40-car garage, man-made lagoons, an aviary, a fighting cock farm and a mansion with a pool.

Greenergy Holdings Inc. Chief Executive Officer Antonio Tiu claimed to own the lavish property despite allegations that it belonged to Binay. He said that he had “full enforceable right to the property” after purchasing it from Agrifortuna Inc. through Laureano Gregorio.

Binay, his wife Elenita, Gregorio and two others, founded Agrifortuna Inc. Binay eventually divested from the farm when he was elected as VP.

Gregorio showed him tax declarations referring to the existing structures in the property, which included the rest house, pavilion, gardens and a small zoo. However, when Senator Aquilino Pimentel III prodded him to provide a transfer certificate signifying his purchase from Gregorio, Tiu had nothing to show. “In our eyes, you aren’t the owner just yet,” Pimentel responded.

Questions of Tiu’s ties with Binay were raised when links between Binay and Tiu’s lawyer, Atty. Martin Subido, were found. Tiu’s brother, James Tiu, and his wife Anne Buencamino, donated P15 M to Binay’s vice presidential bid, which were notarized by Daniel Subido, Subido’s brother.  Tiu dismissed the links, saying his brother may have political ambitions of his own.

 

Insult or investigation

Many believe that the senators of the Blue Ribbon Committee have similar ambitions. “His political opponents want to bring him down, want to lower his stature,” says Fr. Joaquin Bernas S.J., dean emeritus of the Ateneo Law School. Binay, who had been an underdog until he bagged the 2010 elections, claimed that the probes for the alleged anomalous contracts are part of the demolition campaign against him.

Trillanes, for example, threatened Binay with “a new exposé, new documents, and hopefully new witnesses.” He did not specify the details of the new exposé, but plans on conducting more hearings to scrutinize other anomalous Makati infrastructures. Cayetano also suspects Tiu of also laundering money for the Binays. Their methodology at hearings has been criticized for being rude and judgmental.

“I am very uncomfortable with what they’re doing,” comments Tony La Viña, dean of the Ateneo School of Government. “I think that they are disrespectful to the witnesses, to the VP, and to everyone they’ve called who are against them.”

Development Studies Program Director Jayeel Cornelio, PhD agrees, saying that hearings should instead discuss loopholes in laws addressing graft and corruption, and how these can be modified. l“The law says [the Senate can conduct hearings] ‘in aid of legislation,’ not ‘in aid of prosecution…’ That’s the responsibility of the Ombudsman,” explains Bernas, but adds that it is difficult to define the line between legislation and prosecution.

 

Implications and inferences

Despite the controversy, Binay may still have high chances at bagging the presidency. “He’ll probably say, ‘I’m persecuted, and the guys who are after me… they’re my competitors and they want to run themselves,’” says Bernas. Both La Viña and Cornelio note the relation of the controversy to class divisions.

“[The middle class] ousted Estrada, disregarding the will of the poor… He might have been corrupt, but these people wanted this man to be their president. But the rich and the elite disrespected the will of the people,” La Viña explains, clarifying that this was not necessarily bad, but the situation worsened as it was followed by 10 years under former President Gloria Macapagal-Arroyo.

“What is being asked instead is whether Binay is a good person or not, then it becomes a moral judgment on the man himself. Therefore, what we are seeing is not a rational, intelligent investigation into issues of corruption,” Cornelio explains, saying that following the issue is like watching a soap opera. “But what we’re seeing is the unfolding of courtroom drama… If Binay is a culprit to corruption, then bring him to court, right? File a case against him.”

“The business of the Senate is not to look for guilt.  Guilt is the responsibility of the prosecution,” says Bernas, saying that if the case is forwarded to the Ombudsman, a preliminary hearing must be held. “[The Ombudsman] decides that there is probable cause, then she can file a case in court.”

Bernas doubts that a court hearing will happen any time soon.  Both he and La Viña say that there is not yet any evidence that implicates Binay directly.

La Viña adds that while Binay’s trust ratings have declined, he is still the person to beat. “For me, the real question is not whether Binay will be weakened,” he said. “The real question is whether Binay would have an opponent who is strong.”

 

[seperator style=”style1″]Timeline on the Binay controversy [/seperator]

By JC A. Beltran

Sources: gmanetwork.com, philstar.com, inquirer.net, abscbn-news.com, rappler.com, interaksyon.com, mb.com.ph

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July 22, 2014

Two former barangay chairmen, Nicolas Enciso VI and Atty. Renato Bondal, filed a plunder complaint before the Office of the Ombudsman against Vice President (VP) Jejomar Binay, his son Makati City Mayor Junjun Binay and other respondents. The complaint featured the alleged overpricing of the 11-story Makati City Hall II parking building.

August 11, 2014

As response to the resolution filed by Senator Antonio Trillanes IV for investigation, the Senate Blue Ribbon Committee commenced its probe, with Senator Teofisto Guingona III as committee head.

August 13, 2014

Junjun Binay fired back at Trillanes for “prejudging” the issue as he alleged that the move was to malign the reputation of his father, VP Binay. He dared the senator to issue a public apology once the case was proven wrong.

August 20, 2014

During the hearing, Bondal revealed that cakes given to senior citizens and other buildings, notably the Makati City Hall, Ospital ng Makati and Makati Science High School, have been overpriced.

Meanwhile, Junjun Binay defended the lavish pricing of the parking building, calling the infrastructure “green” and “world-class.”

August 22, 2014

Senator Aquilino Pimentel III, chair of the Blue Ribbon Committee, said that he was leaning towards Trillanes’ suggestion of conducting an ocular inspection of the Makati parking building.

August 26, 2014

During the Senate hearing, former Makati Vice Mayor Ernesto Mercado disclosed that he benefitted from the construction of the parking building and implied that VP Binay benefitted more than he did from the 2007 project. He added that Senator Nancy Binay, the daughter of VP Binay, was involved in supplying the overpriced cakes to senior citizens.

After the hearing, Nancy Binay denied her involvement in the process.

September 1, 2014

Trillanes and Pimentel led the ocular inspection of Makati parking building. After the inspection, probers doubted Junjun Binay’s claims and assessed that the building is at “average standard.”

September 4, 2014

Engr. Mario Hechanova, former head of the city’s General Services Department and vice chairman of Bids and Awards Committee, testified that he was ordered by the late Engr. Nelson Morales to rig the bidding for the construction of the Makati parking building.

September 11, 2014

Former Makati Vice Mayor Ernesto Mercado reveals that VP Binay received a 13% kickback from every project organized by the Makati City government. The Senate has formally invited VP Binay to the next hearing.

September 12, 2014

Binay accusers Bondal, Enciso and Mercado have been admitted to the Witness Protection Program (WPP) upon approval from the Department of Justice and recommendation from the Senate.

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September 18, 2014

VP Binay delivered a televised speech at the Philippine International Convention Center. He denied allegations thrown at him regarding the overpriced parking building and lashed out his critics for lack of evidence.

September 25, 2014

VP Binay and his allies were absent in the Senate hearing.

October 8, 2014

Mercado unveiled another alleged property of VP Binay with photographs and aerial footage of a 350-hectare property in Rosario, Batangas, dubbed by media as “Hacienda Binay.” Furthermore, Trillanes brought up the name of Antonio Tiu, the chief executive officer of Greenergy Holdings, Inc. and owner of Sunchamp Real Estate Development Corporation—the company that supposedly owns the Batangas property.

October 22, 2014

Tiu attended the Senate Blue Ribbon hearing and was grilled by the panel. The panel was not convinced by his claims.

October 23, 2014

Although refused at first by Tiu, Trillanes and media were finally able to enter Hacienda Binay and began their ocular inspection.

October 30, 2014

Tiu submitted before the committee an unnotarized one-page document that supports his claims of the land ownership.

Meanwhile, Senator Alan Peter Cayetano presented circumstantial evidence with Instagram photos posted by VP Binay’s youngest daughter, Joanna Marie Binay, which indicate that the Binay family owns the property.

November 5, 2014

The debate between VP Binay and Trillanes was set by Kapisanan ng mga Brodkaster ng Pilipinas on November 27 upon the agreement of both parties.

November 6, 2014

VP Binay was a no-show in the Senate Blue Ribbon Committee hearing. The next hearing is scheduled on November 17.

During the hearing, Tiu said that he would not submit any documents on the Batangas property despite the subpoena issued by the Senate.

November 7, 2014

VP Binay justified his absence and called the Senate probe “useless” since he has been “prejudged” by some fellow senators, particularly Trillanes and Cayetano. He insisted that he has already answered allegations on overpricing.

November 8, 2014

The Senate Blue Ribbon would no longer invite VP Binay in the next hearing.

November 11, 2014

VP Binay backed out of his November 27 debate with Trillanes.

November 16, 2014

The Senate moved to drop the probe against VP Binay for now in order to focus their attention on the 2015 budget hearings.

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[seperator style=”style1″] Anticipating 2016 elections the old way [/seperator]

By Pamela P. Baluyot

Sources: abs-cbnnews.com, gmanetwork.com, inquirer.net, rappler.com

Discrediting is not a new move in the arena of Philippine politics, and for the past weeks, Vice President (VP) Jejomar Binay has taken center stage as the target. Along with his family, the VP is facing charges regarding the controversies listed below.

All of these remain accusations and are under investigation by the Senate Blue Ribbon Committee. The Binays view the sudden surge of allegations as a collective scheme planted to destroy VP Binay’s reputation before the 2016 presidential elections, which he plans to participate in.

 

[two-columns]

Makati Hall II parking building

Allegations about the Binays pocketing from the funds allotted for the Makati Hall II parking building located at F. Zobel St. in Poblacion has spread. According to Atty. Renato Bondal, former Makati vice mayor during VP Binay’s mayoral incumbency and Mayor Jejomar Erwin “Junjun” Binay’s opponent in the 2013 elections, the alleged P1.56-billion infrastructure is overpriced. Calculations made by the indicter, which were based on data from the National Statistics Office, showed that the controversial 11-story building is only supposed to cost around P245 million, leaving more than P1.3 B in excess.

Senior citizen cakes

Bondal also brought up an anomaly in the so-called “Binay cakes” during a Blue Ribbon Committee hearing in August. A program that started in 2003, the cake-giving for Makati citizens aged 60 and above was an initiative by former Makati Social Welfare Department Head Marjorie de Veyra at the time of VP Binay’s mayorship. The city government gives a cake to each senior citizen who celebrates their birthday through this project.

Bondal claimed that the said cakes, amounting to P1,000 each, were overpriced. However, Makati City Administrator Eleno Mendoza Jr. has refutedthe complainant’s statement, saying that the cakes were bought at P306.75 each.

The topic was immediately dismissed by Senator Aquilino Pimentel III, chairman of the subcommittee conducting the investigations for the plunder case filed against the Binays.

[/two-columns]

[two-columns]

Medical equipment and supplies

Last October 28, Dr. Elenita Binay, wife of the VP and former mayor of Makati, bailed herself for P70,000 for the graft and malversation charges brought against her by the Sandiganbayan. She has also done the same for two other cases filed by the Office of the Ombudsman.

Both entities have criminated her for dubious anomalies in the purchase of medical equipment and supplies during her term. These case initially did not include Elenita Binay when they were first filed last year, but state prosecutors have since added her name to the list of respondents.

Hacienda Binay

Hacienda Binay refers to the 350-hectare estate in Rosario, Batangas allegedly owned by the Binays. Former vice mayor to Elenita Binay, Ernesto Mercado, unfolded the details about the reported P1.2 B farm in a subcommittee hearing last October 8. He described its enormity and its luxury, and further stated that 150 out of the entire 350 hectares have been developed.

Atty. Martin Subido, legal counsel to the VP, refuted this, saying that the entire compound is only 145 hectares big. In addition, he and the Binay family pointed to a certain Laureano Gregorio as owner. Businessman Antonio Tiu, CEO of Greenergy Holdings, Inc and owner of Sunchamp Real Estate Development Corporation, also claims proprietorship of the realty, saying that he has rights to the entire compound, having signed a memorandum of agreement with Gregorio.

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