Junjun Binay asks Sandigan to dismiss graft, malversation case on overpriced Makati parking building

Dismissed Makati City Mayor Jejomar Erwin "Junjun" Binay Jr. has asked the Sandiganbayan to dismiss his graft and malversation charges over the alleged overpriced Makati City Hall parking building.

In a 14-page quashal motion received by the Third Division on January 3, Binay said the charges against him do not constitute the crime he was accused of committing.

"Considering that there are no crimes or offenses that can be ascribed to the accused in all the information, it should not be difficult to ascertain that there are actually no crimes that can be proved in court, especially when mere 'whispers of doubt' should result in an acquittal," Binay said.

Binay is a co-accused in the case of his father, former Vice President Jejomar Binay Sr., in connection with the P2.28-billion project.

Binay Sr. was charged with four counts of graft, one count of malversation, and nine counts of falsification of public documents, while Binay Jr. was charged with two counts of graft and six counts of falsification of public documents.

The case stemmed from a complaint filed by the Ombudsman accusing the respondents of implementing the project—divided in five phases, from 2007 to 2013, despite the absence of approved design standards, contract plans, agency cost estimates, detailed engineering and programs of work.

The Ombudsman initially filed a case against Binay Jr. in February 2016 for the last two phases of the project. It later filed a complaint for the first three phases against Binay Sr. in July 2016, after the former vice president lost immunity from suit following the end of his term.

The younger Binay is accused of approving the payment to MANA Architecture and Interior Design Co. for the design of the Makati City Hall Building II.

However, Binay argued that he had no control or custody of the public funds since the contract was bidded out during the term of his father.

Binay further said the case information against him does not represent "allegations" of fact but "statements of the prosecution's conclusion of law."

"Binay Jr. cannot be said to have committed the unlawful act of malversing public funds considering that all he did was pay the obligation already incurred by the City of Makati under a contract that was entered into even before he became mayor, which was valid and subsisting during his term," the motion read.

Binay said that it was his "duty to honor the obligation incurred by the local government unit" for the project.

He said his signatures approving the payment "cannot be considered sufficient to show that he acted with any degree of partiality, bad faith or gross negligence."

"There is nothing in the said informations which would clearly and transparently show the specific actions actually performed by accused Binay Jr. that were conducted with a dishonest purpose, or some moral obliquity and conscious doing of a wrong; or a breach of some duty through some motive or intent or ill will," the motion said.

The arraignment of the Binays was initially scheduled on January 12. — MDM, GMA News