Binay son wants P1.3-B graft raps junked

The Philippine Star - - METRO - – El­iz­a­beth Marcelo

For­mer Makati mayor Je­jo­mar Er­win “Jun­jun” Binay Jr. has urged the Sandi­gan­bayan to quash his graft cases in con­nec­tion with the al­leged anoma­lous con­struc­tion of the P1.3-bil­lion Makati Science High School build­ing.

In his 22-page mo­tion filed be­fore the Sandi­gan­bayan Fifth Divi­sion on May 16, Binay said five of the eight counts of graft filed by the Of­fice of the Om­buds­man against him and his fa­ther, for­mer vice pres­i­dent Je­jo­mar Binay, must be quashed for be­ing de­fec­tive.

The younger Binay specif­i­cally asked for the quashal of crim­i­nal case num­bers SB-18CRM-0154, 0155, 0157, 0158 and 0159, which all in­volve al­leged vi­o­la­tion of Sec­tion 3 (e) Repub­lic Act 3019 or the Anti-Graft and Cor­rupt Prac­tices Act.

How­ever, the case in­for­ma­tion sheets show that Binay Jr. is not an ac­cused for SB-18CRM-0154 and 0155, but only his fa­ther and other for­mer city gov­ern­ment of­fi­cials.

The Bi­nays are each fac­ing four counts of graft and three counts each of fal­si­fi­ca­tion of pub­lic doc­u­ments in con­nec­tion with the Makati Science High School build­ing project.

Binay Jr. is the pri­mary ac­cused for the graft cases dock­eted as SB-18-CRM-0153, 0157, 0158 and 0159 and for fal­si­fi­ca­tion cases dock­eted as SB-18-CRM-163, 164 and 165.

In seek­ing the dis­missal of the graft cases, the younger Binay said the om­buds­man vi­o­lated his con­sti­tu­tional right against dou­ble jeop­ardy.

Binay Jr. pointed out that the facts con­tained in the charge sheets for both the graft and the fal­si­fi­ca­tion cases are sim­i­lar.

Binay Jr. said charg­ing an ac­cused with two of­fenses for one and the same act or trans­ac­tion is tan­ta­mount to dou­ble jeop­ardy as ear­lier held by the Supreme Court in a pre­vi­ous rul­ing.

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