Court acquits Binays in P2.2-B carpark graft case

National

AFTER nearly a decade of litigation, the Sandiganbayan has cleared former vice president Jejomar Binay Sr., his son former Makati mayor Jejomar Erwin “Junjun” Binay Jr., and several other Makati City officials of criminal charges over the construction of the P2.2-billion Makati City Hall Building II.

In a 202-page ruling released Friday, August 22, the anti-graft court’s Third Division said prosecutors failed to establish guilt beyond reasonable doubt against the Binays, their co-accused city officials, and private respondents Efren Canlas of Hilmarc’s Construction Corp. and Orlando Mateo of Mana Architecture and Interior Design Co.

“Basic in all criminal prosecutions is the presumption that the accused is innocent until the contrary is proved,” the decision penned by Associate Justice Ronald Moreno stated.

Filed in 2016 by the Office of the Ombudsman, the cases involved 23 counts of graft, malversation and falsification of public documents.

Binay Sr. was charged in connection with phases one to three of the project, while his son faced cases related to phases four and five, along with some overlapping charges as co-accused.

Prosecutors alleged that contracts for the project were awarded through simulated bidding to MANA and Hilmarc’s despite the absence of approved budgets, plans and specifications.

Also acquitted were former bids and awards committee chairpersons Marjorie de Veyra and Eleno Mendoza Jr., several committee members and secretariat staff, technical working group personnel, city accountants Leonila Querijero and Raydes Pestaño, and city cashier Nelia Barlis.

Charges against former officials Emerlito Magat, Cecilio Lim III and Manolito Uyaco had earlier been dismissed due to their deaths.

The court ruled that the prosecution not only failed to prove the charges but also failed to establish any conspiracy among the accused. It added that no civil liability could be imposed since the facts established during trial did not support such claims.

With the acquittal, the Third Division lifted the hold departure orders previously issued against the accused and ordered the release of their bail bonds.

The decision concludes the last remaining set of cases against the Binays at the Sandiganbayan. Earlier, the court’s Fifth Division had dismissed charges against them over the P1.3-billion Makati Science High School building project, also citing weak evidence from the prosecution.(MyTVCebu)