Junjun Binay only barred from running if conviction final - Comelec

ABS-CBN News

Posted at Oct 12 2018 09:53 AM | Updated as of Oct 12 2018 10:57 AM

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MANILA - Former Makati Mayor Jejomar "Junjun" Binay Jr can still seek his return to office if he has not yet been handed a final conviction on pending cases, a spokesperson for the Commission on Elections said Friday.

Binay, eldest son of former Vice President Jejomar Binay, has said he is ready to run for his city's top post and challenge the re-election bid of his sister, Mayor Abigail Binay-Campos, if there is public clamor. 

But based on documents acquired by ABS-CBN News, Binay is included in the list of people perpetually disqualified from public office in connection with the construction of the P1.3 billion Makati Science High School building. This was confirmed by the city director of the Department of the Interior and Local Government.

James Jimenez, spokesperson of the Comelec, said the poll body would have to "determine the circumstances" around Binay's supposed disqualification because "a final conviction will bar you from running for office."

"But if there’s any appeal, or if it’s not a final decision, then it won’t fit the criteria for disqualification," he told ANC's Headstart.

Binay is facing cases over the allegedly anomalous P2.2-billion Makati City Hall building 2 project along with his father and several other.

The Office of the Ombudsman found him and 20 others guilty of serious dishonesty and grave misconduct, and meted the penalty of dismissal from the service, cancellation of eligibility, forfeiture of retirement benefits, perpetual disqualification from holding public office, and bar from taking any civil service examinations.

However, the Court of Appeals ruled that the ‘Condonation Doctrine,” which bars the administrative disciplining of an elective official for a wrongful act committed during his/her immediately preceding term, applies to Binay.