Stop Makati Building II probe, Mayor Binay’s camp asks Senate panel

Published October 1, 2014 3:23pm

(Updated 5:27 p.m.) The camp of Makati Mayor Jejomar Erwin Binay Jr. on Wednesday asked the Senate blue ribbon committee to stop its investigation into the alleged overpricing of the Makati City Hall Building II project until after their question on its jurisdictional authority is answered.

Lawyer Claro Certeza filed a manifestation before the committee and the office of panel chair, Senate Teofisto Guingona III, asking for a ruling on their position.

“Pending the resolution of the jurisdictional challenge by the committee, all inquiries being conducted by the subcommittee be deferred pursuant to Section 3 of the Senate Rules,” the seven-page manifestation with motion read.

It added that after proper evaluation, the committee should “issue an order granting the jurisdictional challenge and terminating all further proceedings of the subcommittee.”

The petition came a day before the Senate blue ribbon subcommittee chaired by Sen. Aquilino Pimentel III was to resume its probe on the controversial building.

Mayor Binay is the subject of a subpoena from the subcommittee after he was tagged by one of the witnesses in the inquiry among those who received kickback money on behalf of his father Vice President Jejomar Binay, when the latter was still Makati mayor.

Father and son are facing plunder and graft charges for the allegedly overpriced office and parking building. They have denied any wrongdoing in connection with how they run the city's affairs.

In their petition, Binay’s camp also wants the entire blue ribbon committee to rule on the matter.

“It is most respectfully prayed that... the chairman of the honorable committee refer the attached jurisdictional challenge for the consideration of all the members of the honorable committee,” the manifestation read.

It also asked that the subpoena issued against Mayor Binay be quashed or recalled.

Mayor Binay won't attend hearing

In an interview with Senate reporters, Certeza said the younger Binay will not attend the hearing even in the face of an arrest because they believe the hearing should not proceed.

“Sa ngayon, alam ko he will not attend because sinabi ko nga sa kanya na, under the rules, pag may jurisdictional challenge, the inquiry should not proceed. Kailangan po nating harapin yan (pagpapaaresto) kung yan ang magiging decision but I’m hoping that it will not lead to that anymore because the rules are very clear,” he said.

He added that they are prepared for any eventuality.

“Preparado na kami sa lahat ng eventualities, kung merong dapat ihain sa Supreme Court, nakakasa na po yan. Syempre, binibigyan naming ng respeto ang chairman ng Blue Ribbon, hinihintay natin na magkaroon siya ng desisyon before magkaroon ng legal moves,” said Certeza.

Guingona was in Butuan and not available for comment as of posting time, according to his staff.

Subcommittee decision can be overturned

But last Monday, Guingona said any decision by the Senate blue ribbon subcommittee investigating the alleged overpricing of the Makati City Hall Building II may still be overturned by the main committee.

"Everything can change because the mother committee can overrule a subcommittee. That's what the mother committee is for," Guingona told reporters in a chance interview.

He referred to the decision of the subcommittee that affirmed its authority to look into the alleged overpricing of the 11-story Makati City Hall Building II that was constructed for P2.7 billion.

Mayor Binay skipped the Senate hearing last week, questioning the jurisdiction invoked by the subcommittee.

"Well, it has to reach me. Somebody has to bring that to my attention, officially," Guingona said of Mayor Binay's request. "I don't think reaching me via the media is the proper way to do it," he added.

Pimentel, meanwhile, earlier said that under the Senate rules, the subcommittee has jurisdiction over the issue. He also said it should be a member of the committee who should raise the matter on jurisdictional authority.

Other members of the committee present during that time were Senate Majority Leader Alan Peter Cayetano and Senator Antonio Trillanes IV.

Binay camp's manifestation

In the manifestation, Binay’s camp said the subcommittee “has grossly strayed beyond its scope of Senate Resolution 826 and has violated and will continue to violate the constitutional rights of (Binay) and other persons appearing in or affected by the inquiry.”

It also questioned the decision of the subcommittee to proceed with the hearing despite the filing of the jurisdictional challenge. It said that under Section 3, the jurisdictional challenge must be resolved first before proceeding with the inquiry.

It said the subcommittee summarily brushed aside their challenge and simply took note of it, coming out with a ruling on the matter only after the hearing.

“The act of the subcommittee , with due respect, is void ab initio. Suffice to state that the arbitrary, capricious, and whimsical act of the subcommittee goes against the express provisions of Section 3...which clearly requires that any jurisdictional challenge must be decided by the honorable committee and not by a mere subcommittee,” it said.

It further said that the hearing is being done by the subcommittee to elicit condemnatory evidence against Binay and his family and to solicit perjured statements by offering immediate admission to the Witness Protection Program “as a reward to parties who will conjure false charges against the movant and his father, Vice President Jejomar Binay.”

Aside from Mayor Binay, the subcommittee issued subpoenas against other Makati City officials and department heads; Ebeng Baloloy and Gerry Limlingan, VP Binay’s alleged secretary and finance officer; Erlinda Chong, Marguerite Lichnock, Kimsfer Chong, Kim Tun Chong, Irene Chong, Imee Chong, Irish Chong, VP Binay’s alleged dummies; officials of Omni Security Investigation and General Services, among others. — RSJ/NB/KBK, GMA News

Tags: junjunbinay, makaticityhallbuilding2, makaticityhallbuildingii