Junjun Binay —MARIANNE BERMUDEZ
Former Makati City Mayor Jejomar Erwin Binay Jr. has asked the Sandiganbayan’s Fifth Division to dismiss his graft cases in connection with the P1.35-billion Makati City Science High School building controversy.
In a supplemental motion to quash, Binay accused prosecutors of violating his right against double jeopardy, saying he was charged with both graft and falsification for “exactly the same act[s].”
3 counts
Binay questioned the necessity of being charged with three counts of graft since the allegations contained elements that have been addressed in his falsification cases.
The graft cases — docketed as SB-18-CRM-157, SB-18-CRM-158, and SB-18-CRM-159 — questioned Binay’s approval of the bid submitted by Hilmarc’s Construction Corp. for Phases IV to VI of the 10-story school building’s construction.
Prosecutors alleged that Binay approved the project despite “knowing” that the procurement officials had fabricated bid documents to make it appear that a public bidding took place even as the bid invitations were never posted.
But Binay said the graft charges were invalid for “charging more than one offense” and containing elements of falsification.
Cases vs father
Binay also sought the dismissal of two graft cases (SB-18-CRM-0154 and SB-18-CRM-0155) filed against his father and predecessor, former Vice President Jejomar Binay Sr.
This was despite the fact that Binay Jr. was not involved in those cases concerning Phases I and II of the building project.
Earlier this month, the younger Binay scored a legal victory when the Court of Appeals ruled that the Office of the Ombudsman erred in ordering his dismissal as Makati mayor in 2015 over another controversial construction project, the P2.28-billion Makati City Hall parking building.