Sandiganbayan clears ex-VP Binay, son Junjun, in Makati carpark case

The Sandiganbayan has cleared former Vice President Jejomar Binay, his son and former Makati mayor Erwin Binay, among others, of malversation of public funds and multiple counts of graft and falsification of public documents over the construction of the P2.2 billion Makati City carpark project. 

The Sandiganbayan Third Division, in a decision penned by Sandiganbayan Justice Ronald Moreno, said the Binays and their co-accused were found not guilty of the crimes charged against them because “the prosecution failed to prove their guilt beyond reasonable doubt.”

“Basic in all criminal prosecutions is the presumption that the accused is innocent until the contrary is proved. Thus, the well-established jurisprudence is that the prosecution bears the burden to overcome such presumption; otherwise, the accused deserves a judgment of acquittal,” the Sandiganbayan said.

“Here, the prosecution has miserably failed to prove the required quantum of evidence in all these cases. Acquittal, therefore, is in order,” the Sandiganbayan added.

Former Vice President Binay was cleared in one count of malversation, four counts of graft and nine counts of falsification of public documents.

His son Erwin, on the other hand, was acquitted in one count of malversation, three counts of graft and six counts of falsification of public documents.

Likewise, the anti-graft court also granted Erwin’s demurrer to evidence to one count of graft charge due to lack of sufficient evidence.

A demurrer to evidence is a plea asking the court to dismiss the case without the defense contesting the prosecution’s evidence.

As a result, no civil liability was also imposed on the Binays and the other persons accused.

The anti-graft court also ordered the lifting of the Hold Departure Order against the Binays and their co-accused as a result of their acquittal.

Sought for comment after their acquittal, Erwin said the family will later issue a statement. The former Vice President, meanwhile, remained silent when sought for his comment.

These at least 23 cases filed against the Binays and their co-accused were filed by state prosecutors in 2016, the last year of Binay’s term as Vice President. 

The state prosecutors alleged that the Binays awarded the contract for the construction of the P2.2 billion Makati City carpark building to Mana Architecture and Interior Design, Co. and Hilmarc’s Construction Corporation without proper public bidding, if not failure to deliver the approved plans and specifications under the contract or despite the absence of approved budget appropriation, project plan, and specifications. — RSJ, GMA Integrated News