Ex-VP Binay, son Junjun cleared in P1.3 billion graft case

MANILA, Philippines — The Sandiganbayan has acquitted former vice president Jejomar Binay and his son, former Makati mayor Junjun Binay, of graft and falsification in connection with the allegedly anomalous construction of the P1.3-billion Makati Science High School building.

In an 86-page resolution promulgated on Dec. 13 last year and released to media only yesterday, the anti-graft court’s Special Fifth Division granted six separate demurrers to evidence filed by the Binays and their co-defendants.

“In sum, the prosecution’s evidence failed to prove all of the charges. The presumption of innocence in favor of a defendant in a criminal case is a basic constitutional guarantee,” the resolution, penned by Associate Justice Rafael Lagos, stated.

Associate Justices Maryann Corpus-Mañalac and Kevin Narce Vivero concurred with the ruling.

The elder Binay and Junjun were specifically acquitted of four counts each of violating Section 3 (e) of Republic Act 3019, the Anti-Graft and Corrupt Practices Act.

The Binays were also cleared of three counts of falsification of public documents under Article 171 of the Revised Penal Code.

Also acquitted were Makati City Bids and Awards Committee chairpersons Marjorie de Veyra and Eleno Mendoza Jr.; BAC members Pio Kenneth Dasal, Lorenza Amores, Ulysess Orienza and Gerardo San Gabriel; BAC Secretariat members Giovanni Condes, Norman Flores and Ralph Liberato; Rodel Nayve of the BAC technical working group; accountants Leonila Querijero and Raydes Pestaño, and cashier Nelia Barlis.

Private defendants Virginia Garcia of Infiniti Architectural Works as well as Efren Canlas and Julius Ramos of Hilmarc’s Construction Corp. were also cleared of the charges.

In total, the Sandiganbayan dismissed seven graft and six falsification cases filed against the defendants for lack of evidence.

Filed by the ombudsman in 2018, the complaints stemmed from alleged irregularities in the awarding of contracts for the design and construction of the Makati Science High School building when Binay and Junjun served as mayor in 2008 and 2013, respectively.

The ombudsman said its investigation showed that the awarding of a P17.37-million contract to Infiniti Architectural Works and Hilmarc’s P1.33-billion deal did not undergo bidding, in violation of the Government Procurement Reform Act.

Ombudsman prosecutors said the Makati government resorted to negotiated procurement without valid justification.