Bi­nay seeks dis­missal of graft charges over MakSci project

Manila Bulletin - - News - By CZARINA NI­COLE O. ONG

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.

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