Sandiganbayan affirms denial of ex-VP Binay's bid to reraffle Makati parking building cases

The Sandiganbayan has upheld it earlier decision dismissing former Vice President Jejomar Binay Sr.'s bid to try his cases over the allegedly overpriced Makati parking building separately from his son's, former Makati Mayor Jejomar Erwin "Junjun" Binay Jr.

In a nine-page resolution, the anti-graft court's Third Division denied Binay Sr.'s motion for reconsideration to the court's January 31 resolution denying his bid to have his cases reraffled and affirming their consolidation with the cases of the younger Binay.

The former vice president was charged with graft, malversation and falsification in July 2016 over the alleged anomalous construction of the Makati parking building worth P2.2 billion.

The court, however, decided to consolidate his cases with those of Binay Jr., who was charged five months earlier, as they involve the same transactions.

Binay Sr., in his motion for reconsideration, argued that the Revised Internal Rules of the court states that all cases should be raffled and does not allow their automatic consolidation with cases already pending before the court.

He also argued that the consolidated cases did not arise from the same incident, and that the consolidation would only violate his right to speedy trial.

The court, however, dismissed Binay Sr.'s arguments, saying that those were essentially the same ones already addressed in its earlier resolution.

"As explained in the January 31, 2017 Resolution, the Revised Internal Rules does not prohibit the consolidation of unraffled, newly filed cases with those already raffled to and pending before a division of the Court," the resolution read.

"On the other hand, Section 22, Rule 119 of the Rules of Criminal Procedure grants the Court the discretion to determine the propriety of conducting a joint trial, when the charges for offenses are founded on the same facts, or the charges form part of a series of offenses of similar character," it added.

The court also explained that the Supreme Court only allowed a separate trial for Dacanay vs. People, which Binay cited, because the principal accused at that time was abroad and was not yet arrested.

"There is no such delay anticipated in the present cases," the court said.

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 the Makati City Hall Building II project, allegedly without 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.

Aside from these cases, the Third Division is also handling the graft and malversation cases against Binay Sr.'s wife, former Makati Mayor Elenita Binay in connection with the alleged anomalous purchase of P45-million worth of hospital beds and medical supplies during her incumbency as the mayor in 2000 and 2001. —ALG, GMA News