Sandigan fast tracking ex-VP Binay’s Makati car park case
The Sandiganbayan Presiding Justice Amparo Cabotaje Tang said the anti-graft court is exerting its best efforts to resolve soon whether or not there is probable cause to hold former vice president Jejomar Binay Sr. on trial for graft and malversation.
In an interview with reporters, Tang said the anti-graft court’s Third Division she chairs is scrutinizing the over 20 individual motions for the judicial determination of probable cause filed by all the accused in connection with Binay’s case over the allegedly overpriced Makati car park building.
“Siyempre hihimay-himayin mo yun isa-isa para you can come up with a judicious determination of all the grounds that are raised in their individual motions. Hindi naman basta mo na lang ide-deny yan or iga-grant yan without justifying its denial or its grant,” Tang said.
(Of course you will scrutinize it one by one so that you can come up with a judicious determination of all the grounds that are raised in their individual motions. We can’t just deny or grant those without justifying its denial or its grant.)
READ: Sandiganbayan assures Binay it won’t be swayed by politics
Tang said the court is fast tracking the resolution on the determination of probable cause but it should not be at the expense of justice.
She said the court will have to strike a balance between the speedy disposition of the case and the rendering of justice.
“Minamadali na din namin actually kasi of course this is part of our efforts to speed up resolution of cases. Pero diba sinasabi kasi rin ng Supreme Court, it should not only be speed. At the same time, there should also be justice,” Tang said.
(We are fast tracking the case because of course this is part of our efforts to speed up resolution of cases. But the Supreme Court also says that it should not only be speed. At the same time, there should also be justice.)
“The Supreme Court says justice must not be placed at the mercy of speed. So they should both go together. There should be speed and justice as well. That is what we are trying to do, the best way we can do it,” she added.
The former vice president Binay Sr. and his son dismissed Makati mayor Jejomar Erwin “Junjun” Binay Jr. are co-accused in the graft, malversation and falsification of public documents charges in connection with the anomalous construction of the P2.2-billion Makati car park building.
Binay Sr. was formally charged after he stepped down from his post, and after his defeat in the 2016 presidential elections.
READ: Citizen Binay faces graft, malversation, falsification raps over Makati parking building
While Binay Sr. was charged for rigging the first three phases of the building when he was Makati mayor, Binay Jr. was charged for phases IV and V of the building when he succeeded his father in the city hall.
Binay Sr. on Thursday was charged with one count of malversation or violation of Article 217 of the Revised Penal Code, four counts of graft or violation of Section 3(e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, and nine counts of falsification of public documents or violation of Article 171 of the Revised Penal Code. Binay Jr. was also included as a co-accused in his father’s malversation charge and in the two counts of Binay Sr.’s graft charges. Binay Jr. was earlier charged with falsification of public documents.READ: Junjun Binay charged with graft, document falsification over carpark building
According to the prosecution’s charge sheet, Binay Jr. and Sr. face a malversation charge for misappropriating P11.011 million as payment to Mana Architectural and Interior Design (MANA) for the architectural design of the building and dispensing with public bidding to enter into a negotiated contract with MANA.
Binay Sr. also faces four counts of graft for causing injury to government and giving undue advantage to MANA, the winning firm for the architectural design, and Hilmarc’s Construction the firm for the construction of the building which started in 2007.
Binay Sr. and Binay Jr. were charged with one count of graft each for acting with manifest partiality, evident bad faith and gross inexcusable negligence when he awarded the design contract to MANA despite violations of procurement laws and failure to deliver the approved plans and specifications.
Binay Sr. was charged with three more counts of graft for giving undue advantage to Hilmarc’s for the first three phases of construction. Binay Jr. was charged for awarding the contract to Hilmarc’s in connection with the third phase.
The Binays were also charged with falsification of public documents for allegedly falsifying newspaper issues and affidavits of publications to make it appear that invitations to apply for eligibility and to bid (IAETB) were published “when in truth and in fact… said publisher did not do so, and no such IAETB was published.” Meanwhile, Binay Sr.’s wife former Makati mayor Elenita Binay was acquitted in two of her graft cases before the Sandiganbayan. RELATED STORIES Sandiganbayan clears Elenita Binay in P13.2-M graft case Sandigan junks graft case vs Elenita Binay; 6 more to go
