Prosecution opposes Binay appeal to dismiss raps over Makati building

State prosecutors have opposed the appeal of former Vice President Jejomar Binay Sr. for the Sandiganbayan to dismiss the charges against him over the allegedly overpriced Makati City parking building.

In a nine-page opposition received on March 6, the prosecution moved for the Third Division to deny the motion for reconsideration of Binay "for merely reiterating the same arguments which were already considered by the honorable court."

"In support of the foregoing and his prayer for the dismissal of the cases against him, accused Binay Sr. raised exactly the same arguments as those raised in his previously filed urgent motion to quash informations," the prosecution said.

Binay had assailed that the Sandiganbayan committed a "grave error" when it denied his quashal motion and the suspension of the proceedings until his plead for a temporary restraining order and petition for certiorari at the Supreme Court are resolved.

He also reiterated that the charges against him on the P2.28-billion project does not constitute the crime he is accused of committing.

Binay is facing four counts of graft, one count of malversation, and nine counts of falsification of public documents at the Sandiganbayan. His co-accused in the case includes his son, former Makati City mayor Jejomar Erwin "Junjun" Binay.

The prosecution argued that the elder Binay seems to make it appear that his case only stemmed from political persecution intended to damage his reputation. On the contrary, it said Binay and his co-accused abused their positions to ensure that the project's documents appeared lawful.

"Instead of safeguarding such huge amount of public funds, accused public officers even took advantage of their respective positions to make it appear that the requirements under the law were duly complied with," it said.

The prosecution further said there is clear evidence that Binay and other Makati City officials conspired with each other when they approved the payment of P11 million to MANA Architecture and Interior Design Co. despite its failure to deliver on the approved plans and specifications for the construction of the building.

"Undeniably, all the circumstances constituting the acts of falsification, malversation of public funds and corrupt practices concurred in these cases," the prosecution said.

"Considering that accused Binay Sr. failed to offer new and convincing arguments, then the resolution dated February 5, 2018 must be maintained and the proceedings in these cases must not be suspended," it added. —NB, GMA News