Sandiganbayan presiding justice to handle cases vs. ex-VP Binay

The division chaired by Sandiganbayan Presiding Justice Amparo Cabotaje-Tang was chosen to handle the multiple criminal cases filed against former Vice President Jejomar Binay in connection with the alleged anomalous construction of the P2.28-billion Makati parking building.

Before the start of the scheduled weekly raffle of recently filed cases on Friday morning, justices heading the seven divisions of the anti-graft court gathered in a huddle to discuss the cases against Binay.

“Binay cases will no longer be raffled off this morning but instead will be assigned for consolidation with the cases before the Third Division,” Raffle Committee chairman Associate Justice Oscar Herrera Jr. announced.

Herrera was referring to two counts of graft and six counts of falsification cases that the Office of the Ombudsman has filed against Binay's son, dismissed Makati Mayor Jejomar Erwin “Junjun” Binay Jr. in February.

The cases against the younger Binay and 13 of his co-accused stemmed from the alleged anomalies in Phases Four and Five of the construction of the Makati City Hall Building II, also referred to as the Makati Parking Building.

The cases against the younger Binay have earlier been raffled off to the Third Division.

Meanwhile, the cases against the elder Binay filed by the Ombudsman on Thursday were in connection with the alleged anomalies in the design stage as well as in the construction stage of Phases One, Two and Three of the project.

“All the cases filed emanated from the same resolution of the Ombudsman concerning the Makati Hall Building II, so we decided to assign it to Third Division for more orderly procedure,” Herrera said.

The former vice president was charged Thursday with four counts of graft, nine counts of falsification of public documents and one count of malversation.

Erwin is also named as co-accused in the malversation case and in two of the graft cases against his father.

Cases vs. Binays

Based on the information of the cases filed by the Ombudsman on Thursday, the Binay father and son, in a supposed conspiracy with the other city officials, awarded a contract to Mana Architecture and Interior Design, Co. (MANA) for the design of Makati City Hall Building II project, allegedly without holding a public bidding.

The Ombudsman said payments totaling P11,011,294.77 was given to MANA “despite its failure to deliver the approved plans and specifications under the contract.”

The Ombudsman said the Binay father and son also awarded three contracts totaling P1.486 billion to Hilmarc’s Construction Corporation for Phases One, Two and Three of the project through a rigged or “simulated public bidding.”

The Ombudsman said the contracts were awarded to Hilmarc’s despite the absence of approved budget appropriation, project plan, and specifications.

The Ombudsman said the invitation to bid supposedly published in the tabloid Balita was falsified.

The Ombudsman said the Binay father and son approved the release of payments to Hilmarc’s despite being fully aware that its accomplishment reports were “baseless” as there were no supporting documents submitted to back them.

'Based on evidence, not on political pressure'

In a chance interview with reporters, Tang assured that her division will handle the cases based on evidence and not on any political pressure.

“We will simply rule based on evidence. We don’t care about politics, ang trabaho namin dito is not swayed by politics but by the evidence on record. Kung saan ang ebidensya dun kami,” Tang said.

Joey Salgado, the spokesperson of Binay Sr. earlier dismissed the cases as the Ombudsman’s "diversionary move" to distract the public over the issue of the alleged anomalies concerning the Aquino administration's Disbursement Acceleration Program (DAP).

“Well, I do not want to dwell on whether there is some politics involved here or not. The ultimate work of this court is to dispense justice,” Tang said.

Tang also promised to resolve as soon as possible any motion to dismiss the cases that might be filed by the camp of the Binays.

“As I have repeatedly told the media, one of the objectives of this court is to deliver speedy justice. Probably we can resolved [the possible motion] within couple of months,” Tang said.

The Third Division is also the one handling the case graft and malversation cases against the elder Binay’s wife Elenita in connection with the alleged anomalous purchase of P45-million worth of hospital beds and medical supplies  during her incumbency as the mayor of Makati City in 2000 and 2001. — RSJ, GMA News