BINAY JR.’S MOTION TO QUASH GRAFT, MALVERSATION RAPS JUNKED
The Sandiganbayan has denied former Makati Mayor Jejomar Erwin Binay Jr.’s motion to quash the graft and malversation case filed against him for releasing the payments for two contracts awarded during his father’s term for the design and construction of the Makati City Hall Building II.
In a 16-page resolution dated Feb. 22, the court’s Special Third Division said the charges filed by Ombudsman prosecutors sufficiently stated the allegations against Binay Jr. and could be threshed out in a full-blown trial.
“It is settled that an information only needs to state the ultimate facts constituting the offense; the evidentiary and other details ( i. e., the facts supporting the ultimate facts) can be provided during the trial,” read the resolution.
Binay Jr. had argued that the prosecutors failed to show he held custody of the funds, caused undue injury to the government or gave unwarranted benefits to a private party.
‘Evidentiary facts’
But for the court, these matters were “unquestionably evidentiary facts” which did not have to be specifically detailed in the information.
The resolution was penned by Presiding Justice Amparo M. Cabotaje-Tang and concurred in by Associate Justices Bernelito R. Fernandez and Zaldy V. Trespeses.
The ruling specifically covered two counts of graft and one count of malversation regarding the P11.011-million architectural design contract awarded to MANA Architecture and Interior Design Co. and the P599.396million contract for phase three of the building’s construction awarded to Hilmarc’s Construction Corp.