Binay wants cases reraffled
Former Vice President Jejomar Binay. INQUIRER FILE PHOTO
Former Vice President Jejomar C. Binay has sought the reraffle of his graft and malversation cases assigned to the Sandiganbayan Third Division, arguing that a joint trial with his son Junjun would break internal rules and violate his right to a speedy trial.
The motion was filed in connection with the Sandiganbayan’s July 15 en banc resolution, which consolidated the elder Binay’s cases with those of his son over the allegedly overpriced construction of the P2.2-billion Makati City Hall carpark building.
Binay argued in a seven-page motion, received by the court on Nov. 2, that the Sandiganbayan should not have foregone the raffling of his cases because it was required under the internal rules.
He added that the cases should not have been consolidated because they “do not arise from the same incident or series of incidents nor do these cases involve common questions of fact and law.”
The elder Binay said his cases pertained to the design of the Makati City Hall II, and Phases 1 to 3 of the construction during his stint as mayor until 2010. Junjun succeeded him as mayor in 2010 and took charge of Phases 4 and 5 of the building’s construction.
“There are no interrelated incidents, no connection, no relation between the subject cases,” read the motion, describing the charges as “separate and distinct.”
The elder Binay also argued that consolidating his cases with that of his son will violate his right to a speedy trial.
“Considering the aforementioned dissimilarities of the subject cases, [Binay] would be exposed to numerous testimonies that are irrelevant or immaterial to him,” the motion noted.
The Third Division is chaired by Sandiganbayan Presiding Justice Amparo M. Cabotaje-Tang.
The elder Binay was formally charged before the Sandiganbayan on July 14, two weeks after he lost his immunity upon the completion of his six-year term as vice president.
He faces four counts of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act, nine counts of falsification of public documents and one count of malversation.
The Office of the Ombudsman accused the elder Binay, in conspiracy with several other city officials, of awarding the design contract to Mana Architecture and Interior Design Co. without public bidding.
Mana received P11 million in payments despite its alleged failure to deliver the approved plans and specifications under the contract, prosecutors said.
The elder Binay was also accused of conspiring with city officials to award three contracts worth P1.486 billion to Hilmarc’s Construction Corp. for Phases 1 to 3 of the project through a supposedly rigged bidding.
Junjun was coaccused for the cases involving the design contract awarded to Mana and the Phase 3 of the building’s construction awarded to Hilmarc’s./rga
