Court of Appeals affirms Junjun Binay’s dismissal over Makati Science building case

The Court of Appeals (CA) has affirmed former Makati mayor Jejomar "Junjun" Binay Jr.'s dismissal from the service and perpetual disqualification to hold public office over his involvement in the allegedly anomalous procurement process in the construction of the Makati Science High School Building.

In a May 28 decision seen Tuesday, the Eighth Division found Binay guilty of serious dishonesty, grave misconduct and conduct prejudicial to the best interest of the service in connection with one case on the construction of Phase VI of the building.

In a statement, Binay said he would seek reconsideration from the Court of Appeals.

" . . .My lawyers and I have agreed to immediately file a Motion for Reconsideration and exhaust all necessary legal means to prove my innocence," he said.

"I pray that the court will find merit in our motion," he added.

The appeals court said Binay, as then-city mayor, entered into a contract with Hilmarc's Construction Corp. on behalf of the Makati government "despite glaring irregularities in the procurement of the construction services of Phase VI."

The Office of the Ombudsman originally ordered Binay's dismissal and perpetual disqualification from public office over the Makati Science case in 2017.

Binay and his father, former vice president Jejomar Binay, face charges for graft and falsification of public documents before the Sandiganbayan for the criminal aspect of the case.

However, the CA dismissed three cases -- those involving the P17.373-million procurement of architectural and engineering services from Infiniti Architectural Works; and the award of P394.140 million and P349.559 million to Hilmarc for the construction of Phases IV and V, respectively -- on the basis of the condonation doctrine.

Under the condonation doctrine, an official's reelection into office extinguishes his or her administrative liability. The Supreme Court abandoned the doctrine in 2015.

However, the CA said the condonation doctrine is no longer applicable to Phase VI of the building because the contract for it was entered into and implemented during Binay's second term as mayor from 2013 to 2016.

"Although it was previously held by the Supreme Court that as long as the contract was entered into during a prior term, acts which were done to implement the same, even if done during a succeeding term, do not negate the application of the condonation doctrine in favor of the elective official, the same does not apply here as the contract for Phase VI was entered into with Hilmarc when Binay Jr. was already serving his second term as Mayor in Makati City and not during his previous term," the CA held.

Binay ran for Makati mayor in the May 2019 elections but lost to his sister, reelectionist Abby Binay.

Meanwhile, the CA found Eleno Mendoza administratively liable for simple misconduct and was meted the penalty of a six-month suspension without pay.

"In all other respects, the 10 July 2017 Joint Decision and 8 December 2017 Joint Order finding the rest of the petitioners guilty of serious dishonesty, grave misconduct and conduct prejudicial to the best of the service are affirmed," the CA ruled.

The decision was penned by Associate Justice Ronaldo Roberto Martin, with concurrences by Associate Justices Ramon Bato Jr. and Ramon Cruz.

GMA News Online has reached out to Binay for comment but has yet to receive a reply as of posting time. — RSJ, GMA News