Sandiganbayan denies ex-VP Binay's plea to modify terms of conditional arraignment

The Sandiganbayan denied former Vice President Jejomar Binay Sr.'s request to modify the terms of his conditional arraignment.

In an eight-page resolution promulgated on Monday, the anti-graft court's Third Division said it found no justifiable reason to grant Binay's request to amend the conditional arraignment's terms.

Binay Sr. has asked the Sandiganbayan to grant him permission to travel to Israel from May 15 to 29 for a pilgrimage.

But in order for the court to not lose its jurisdiction over Binay Sr. while he is abroad, the former vice president needed to be conditionally arraigned.

He, however, wanted to modify the conditions of his conditional arraignment so that their intended remedies to have his cases dismissed will not be prejudiced, including a motion to quash.

Under the rules of court, a motion to quash can no longer be filed after the accused has been arraigned.

Specifically, Binay Sr. proposed the following amendment:

• The conditional arraignment will stand as regular arraignment in case the Information is not amended between April 19 and June 5 or until he has returned to the country,
• After Binay Sr. complied with the personal appearance to the court within five days after his arrival, the arraignment will be nullified, and
• Binay is not waiving any rights and remedies under the law.

But the court, in its resolution, allayed Binay Sr.'s fears that his conditional arraignment might be converted into a regular one and that his right to file a motion to quash will be prejudiced.

The court said the conditional arraignment will only be considered regular if the prosecution conducts a reinvestigation and proceeds with the case thereafter.

"Here, the prosecution is not conducting a reinvestigation. There is likewise no indication that it is poised to do one relative to the case of the accused-movant," the resolution read.

"[E]ven if the accused-movant underwent a conditional arraignment with the standard condition, his right to question his indictment in these cases will neither be lost nor barred.... In other words, no prejudice will be occasioned the accused-movant," it added.

With this, the court scheduled the former vice president's arraignment on Wednesday.

Binay Sr.'s son, former Makati Mayor Jejomar Erwin "Junjun" Binay Jr., was originally included in the trip but has withdrawn his motion to travel abroad.

He said there are other pressing matters concerning his children that required him to stay in the country during the dates of the pilgrimage.

The charges against the Binays stemmed from their alleged conspiracy with other city officials to award 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” despite the absence of approved budget appropriation, project plan, and specifications. —KG, GMA News