Vice President Jejomar Binay has disputed allegations of overpricing in the Makati City Hall Building II, which has been the subject of an inquiry of the Senate Blue Ribbon subcommittee for the past months.
The investigation of the Senate body “is not in aid of legislation and is violative of my constitutional rights,” he said in a seven-page affidavit submitted to the Senate Blue Ribbon committee.
At the same time, Binay said the senators have pre-empted their roles as possible senator-judges once impeachment proceedings are pursued against him.
“The hearing has veered towards false criminal accusations against me,” Binay said.
“It must be emphasized, the Senate shall constitute as the impeachment court in case the House of Representatives initiates impeachment proceedings. Therefore, the senators are unmindful of their role as potential senator-judges,” he said.
“Worst, the senators are acting as prosecutors, judges, and even as witnesses,” the Vice President said.
Binay rejected the call for him to answer all allegations against him. “It bears to stress that these accusations are based on the bare allegations of political detractors. These bare allegations are not evidence,” he said.
A lawyer, Binay raised the issue that unsubstantiated allegations “are not equivalent to proof. In short, mere allegations are not evidence,” he said.
Although he debunked wrongdoing in the Makati City Hall Building II issue, Binay’s affidavit did not touch on his alleged illegal wealth that included the vast property in Rosario, Batangas.
Businessman Antonio Tiu had claimed ownership of the Batangas estate.
The Vice President has avoided attending the Senate probe but he submitted the affidavit duly notarized on Nov. 6. In the affidavit he also lambasted two senators who were aggressive in pinning him down on the alleged overprice controversy.
“The demeanor and declarations of Sen. Antonio Trillanes IV and Sen. Alan Peter Cayetano clearly show that they are not after the truth. As declared by Sen. Trillanes, among other things, his objective is to put me to jail,” he said.
Binay snubbed the Senate Blue Ribbon committee inquiry last week.
“I was initially inclined to attend the inquiry before the Blue Ribbon committee as a whole. However, I could not simply disregard the rule of law, the Constitution and well-settled jurisprudence,” he said.
Binay remained adamant in not attending the Senate probe, saying that “it is not the task of the legislature to investigate the culpability of government officials.”
He cited the case of former National Economic and Development Authority chief Romulo Neri vs. Senate Blue Ribbon committee in explaining why he would not attend the inquiry.
“The role of the legislature is to make laws, not to determine anyone’s guilt of a crime or wrongdoing. It cannot adjudicate or prosecute,” he said, adding that the Senate cannot assume the powers reposed upon the prosecutorial bodies and the courts.
Binay also hit the Senate subcommittee chaired by Sen. Aquilino Pimentel III for violating his rights.
“Every person, from the highest public official to the most ordinary citizen, has the right to be presumed innocent until proven guilty in proper proceedings by a competent court or body,” he added.
He lamented how some senators are using the subcommittee to brazenly violate all the foregoing tenets of the Supreme Court.
COA audit
In maintaining that there was nothing illegal in the construction of the Makati City Hall Building II, Binay stressed that the project passed through the proper bidding processes, and the maximum and minimum period of the procurement processes.
There were no audit observation memos or disallowances by the resident Commission on Audit (COA) in the years during construction.
The Vice President also disputed the claims of Cayetano of overprice, using as benchmarks the Davis Langdon and Seah handbook.
“Because the said handbook expressly states that its data is subject to limitations,” he said.
Sen. Jinggoy Estrada said yesterday Binay made the right decision in backing out of the debate with Trillanes. “I think that is the right move. He has nothing to gain here, everything to lose,” Estrada said.
He also said said the people will judge Binay during the 2016 presidential elections.
“The people will be the one to judge him. I think his (Binay) ratings in the surveys, he is still number one as far as the presidency is concerned,” Estrada said.
He also said that he sees nothing wrong with Binay continuing his out-of-town visits.
“He has been doing that for a very long time. Maybe, he is just continuing it,” Estrada said. – With Jose Rodel Clapano © Provided by Christina Mendez | Philippine Star
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