Sandigan to proceed with trial of ex-VP Binay

MANILA, Philippines — The anti-graft court Sandiganbayan has ruled to proceed with the formal trial of former Vice President Jejomar Binay Sr. for his multiple criminal cases in connection with the alleged anomalous construction of theP2.2-billion Makati City Hall Building II. 

In a 53-page resolution promulgated on February 5, the court's Third Division denied Binay's motion to quash his nine counts of falsification of public documents, four counts of graft and one count of malversation of public funds.

Filed by the Office of the Ombudsman in July 2016, the cases against Binay were for his alleged involvement in phases one, two and three of the alleged overpriced construction of the P2.2 billion Makati City Hall Building II, also referred as the Makati parking building, during his term as mayor.

Also denied was the motion to quash of one of Binay's co-accused, Efren Canlas of Hilmarc’s Construction Corporation.

The Third Division maintained that the information of the cases were sufficient in form and substance, contrary to Binay's and Canlas' claim that the facts in the charge sheets do not constitute the alleged offense.

The Third Division said the issues raised by Binay, such as his signing of several documents as part of his official duty as then Makati mayor and that he did not act with dishonest purpose, “are clearly not proper subjects of a motion to quash”.

“Evidently, these are matters of defense which are better ventilated and threshed out during the trial of these criminal cases,” the court's resolution read.

The Third Division also dismissed Binay's argument that the manner of conspiracy among the respondents in the cases must be specified in the charge sheet.

The court said the determination of conspiracy in the commission of the crime “should be established during the trial of these criminal cases.”

“To be sure, accused Binay Sr.'s insistence that conspiracy 'must be shown to exist as clearly and convincingly as the commission of the offense itself ' is true only during the trial of the case and not as to the manner of alleging the same in the criminal information,” the court said.

Lastly, the Third Division maintained that the pendency of Binay's petition for certiorari before the Supreme Court is not a ground to suspend the proceedings of his criminal cases.

Binay's petition before the high tribunal questions the Office of the Ombudsman's jurisdiction to conduct an investigation on the alleged Makati parking building anomaly during his incumbency as vice president.

The Third Division said the Revised Rules of Court explicitly states that the mere filing of a petition for certiorari shall not interrupt the course of the cases “unless a temporary restraining order or a writ of preliminary injunction has been issued by the higher court.”

The Third said that since Binay admitted that the SC has yet to issue a TRO or a writ of injunction with regard to his cases, the lower court is “duty-bound” to continue the proceedings.

The Third Division set Binay's arraignment on February 23.

Meanwhile, the Third Division has yet to resolve the motion to quash of Binay's son, former Makati mayor Jejomar Erwin “Junjun” Binay Jr., thus the court has yet to set the date of his arraignment.

Binay Jr. is the primary accused for two counts of graft and six counts of falsification for phases four and five of the construction of the parking building. He is also named as co-accused of his father for two counts of graft and one count of malversation for the phase three of the project.

All the cases stemmed from the alleged anomalous award of architectural design and construction contracts to Mana Architecture and Interior Design Co. (MANA) and Hilmarc’s Construction Corporation, respectively, for the parking building project.

The ombudsman said the contracts were awarded through “simulated bidding” despite the absence of approved budget appropriation, project plan and specifications.