Published: 8:24 p.m., June 26, 2016 | Updated: 12:00 a.m., June 27, 2018
The trial of former Vice President Jejomar Binay and his son, former Makati City Mayor Jejomar “Junjun” Binay Jr. for graft charges over the P1.3 billion Makati Science High School building will proceed.
This developed after the Sandiganbayan Fifth Division denied the motions filed by the Binays to dismiss the charges of graft and falsification of public documents.
“There is no doubt that the informations [charge sheets] properly allege the existence of conspiracies,” the court said in its resolution on the motion filed by the older Binay.
“Thus, the accused-movant’s arguments against the invalidity or insufficiency of the conspiracy allegations are not,” it added.
In his motion to quash, the former Vice President claimed that the charges filed against him did not constitute conspiracy.
He stressed that the acts attributed to him were official acts he performed as Makati mayor.
But the court explained that the older Binay’s claims were “matters of defense” since the charge sheets “sufficiently allege the conspiratorial scheme by detailing the acts of each of the accused.”
“There is no basis for the accused-movant’s claim that his alleged acts cannot be the basis for alleging conspiracy,” the court said.
“That these acts were done in good faith is a matter of defense and should not be considered in a motion to quash,” it added.
On the other hand, the court rejected the younger Binay’s argument that there was double jeopardy when he was charged for more than one offense for the same incident.
“The constitutional right against double jeopardy protects from a second prosecution for the same offense, not for a different one,” the court said.
Coaccused’s motions denied
Also denied were the motions to quash filed by the Binays’ coaccused: city administrator Marjorie de Veyra, city legal officer Pio Kenneth Dasal, acting city administrator Eleno Mendoza Jr., city budget officer Lorenza Amores, city treasurer Nelia Barlis, city accountants Raydes Pestaño, Leonila Querijero and Cecilio Lim III, bids and awards committee (BAC) head Giovanni Ilio Condes, and BAC members Gerardo San Gabriel, Manolito Uyaco, Ulysses Orienza and Rodel Nayve.
As Makati mayor, Binay Sr. awarded the P17.37 million architectural contract to Infiniti Architectural Works and the P423.64 million contract for the first three phases of the 10-story school building’s construction to Hilmarc’s Construction Corp.
After Binay Jr. replaced his father in 2010, he awarded to Hilmarc the last three phases of the project worth P908.97 million.
The procurement was allegedly rigged as the accused supposedly forged the documents and bid invitations to make it appear that there were other bidders who competed for the contracts.
The Inquirer tried to reach the Binays’ spokesperson, Joey Salgado, for comment but calls to his cell phone went unanswered. /atm