By Czarina Ong Ki
The Sandiganbayan Third Division has rejected the motions filed by former Vice President Jejomar Binay and his son, former Makati Mayor Jejomar Erwin “Junjun” Binay, to dismiss their criminal charges over the alleged overpriced Makati City Hall Parking Building contracts.
The elder Binay is facing nine counts of falsification of public documents, one count of malversation, and four counts of graft for allegedly manipulating together with other Makati officials, contracts in favor of Hilmarc’s Construction Corporation and MANA Architecture and Interior Design Co.
Binay’s son is facing two counts of graft and six counts of falsification of public documents in the same case.
Binay Sr. filed a motion for provisional dismissal last March 27, while his son filed an urgent motion to dismiss with urgent motion to cancel scheduled pre-trial last March 19.
The elder Binay said the Commission on Audit (COA) had issued Notices of Disallowances against him, disallowing payments for the architectural and engineering design services and construction of the Makati City Hall Parking Building II.
He said he received the notices on May 21, 2018, and he filed a reply on Nov. 16, 2018. Pending resolution of the appeal, Binay Sr. said the provisional dismissal of the proceedings before the Sandiganbayan are in order.
His son argued that the charges against him should be dismissed because his right to be informed of the nature and cause of accusation against him has been violated.
He likewise said he was also denied the right to a speedy trial.
The anti-graft court ruled that their motions were without merit.
Binay Jr.’s claim that his right to be informed and have a speedy trial have been violated were also devoid of merit, the Sandiganbayan stated.
“The validity and sufficiency of the allegations in the Informations charging accused Binay Jr. with the crimes…was already upheld by the court in its resolution promulgated on February 22, 2018,” the court ruled.
The resolution was written by Presiding Justice Amparo Cabotaje-Tang with the concurrence of Associate Justices Bernelito Fernandez and Ronald Moreno.