Former vice president Jejomar Binay and his son, former Makati Mayor Junjun Binay will be tried by the Sandiganbayan in their cases involving the alleged irregularities in the construction of the P1.3-billion Makati Science High School.
This as the antigraft court denied the motions to dismiss filed by the Binays.
In separate resolutions dated June 18, the Sandiganbayan’s Fifth Division, in denied the Binays’ motions to dismiss the four counts each of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act and three counts each of falsification of public documents.
Ombudsman Conchita Carpio-Morales earlier ordered the filing of multiple counts of graft and falsification charges against the Binays for allegedly conspiring to rig the procurement processes of the school building located along Kalayaan Avenue in Makati City.
The Makati Science Building project for a 10-story building with a four-story dormitory was completed merely as a 10-story building, the Ombudsman said.
The Ombudsman charged the two Binays with four counts of violation of the Anti-Graft and Corrupt Practices Act (Republic Act 3019) and three counts of falsification of public documents, respectively.
Binay Sr. said his case does not constitute graft and falsification of public documents. He said he could not be held liable for any ‘irregularities’ in the procurement process as he merely performed his function as then-mayor of Makati City.
He also disputed the alleged conspiracy between him and the members of the Bids and Awards Committee who favored Hilmarc’s Construction for the project.
The young Binay raised the same argument.
But the Binays failed to convince the Sandiganbayan.
“It should be stressed that the accused-movant’s [Binay Sr.] claims — that his alleged acts are part of his official function and therefore not malicious or criminal — are matters of defense. He is precisely alleged to have committed acts in violation of or contrary to the law,” the Sandiganbayan said.
The Binays are also facing trial at the anti-graft court for the allegedly overpriced P2.2-billion Makati City Hall Parking Building project. Both are pressing for the cases to be dismissed.
Meanwhile, the Sandiganbayan granted the motion to dismiss of BAC member Mario Badillo, who was accused of faking bid invitations in a separate resolution. It said issuing invitations for prospective bidders was the responsibility of the BAC Secretariat.
