Binay seeks dismissal of graft charges over MakSci project
Former Makati Mayor Jejomar Erwin Binay Jr. is asking the Sandiganbayan Fifth Division to drop his graft and falsification charges over the construction of reportedly overpriced R1.3-billion state-of-theart Makati Science High School (MakSci) building.
Binay Jr. is facing four graft and three falsification charges together with his father, former Vice President Jejomar C. Binay.
In his supplement to motion to quash, Binay Jr. said that his charges should be dropped because of “the uniform ground that they charge more than one offense.”
After reviewing the Informations filed against him before the Third Division in relation to the Makati City Hall Building II project, Binay Jr. realized that “the prosecution is following a particular pattern in the filing of criminal informations against him,” he wrote in his motion.
He explained that each of the graft charges also include the offense of falsification of public document even though he has already been slapped separately with falsification charges.
“With all due respect, it is undeniable that the same act charged as constituting violation of Section 3(e) of RA 3019... is also charged as falsification of public document,” he said.
As a result, the younger Binay said he was subjected to the test of double jeopardy, which is the prosecution of an accused twice for the same offense.