Binay son wants P1.3-B graft raps junked
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.