Binay son renews bid to dismiss P2.2-B graft raps

Former Makati mayor Jejomar Erwin “Junjun” Binay Jr. again asked the Sandiganbayan to dismiss the cases filed against him in connection with the alleged anomalous construction of the P2.2-billion Makati carpark building.

In his 14-page motion filed on Jan. 3, Binay Jr. asked the court’s Third Division to quash two counts of graft and one count of malversation of public funds, claiming the facts stated in the case information sheets “do not constitute an offense.”

Binay Jr. is named as a co-accused of his father, former vice president Jejomar Binay, in two counts of graft and one count of malversaton for phase three of the parking building’s construction.

The Third Division had earlier dismissed Binay Jr.’s motion to quash two counts of graft and six counts of falsification of public documents against him for phases four and five of the construction of the parking building, in which he was named as the primary accused.

Binay, who was the predecessor of the younger Binay as Makati mayor, is facing nine counts of falsification of public documents, four counts of graft and one count of malversation of public funds for phases one, two and three of the project.

Filed by the Office of the Om- budsman last year, all the cases stemmed from the alleged anomalous award of architectural design and construction contracts to Mana Architecture and Interior Design Co. (MANA) and Hilmarc’s Construction Corp., respectively, for the parking building project.

The ombudsman said the contracts were awarded through “simulated bidding” despite the absence of approved budget appropriation, project plan and specifications.

In his motion, Binay Jr. said he should not have been charged with malversation in connection with architectural design and phase three of the construction as he did not have direct control or access to the funds for the project.

Binay Jr. said he merely continued the obligation of paying MANA for its architectural design for the project as the contract was in effect before he was elected mayor in 2010.

He argued that the ombudsman failed to show that his signing the project documents was done with a “dishonest purpose” or with a “degree of partiality, bad faith or gross negligence” that constitute the offense of graft.

The Third Division tentatively set the arraignment of the Binays and the other former Makati city officials on Jan. 12.