MANILA- The Sandiganbayan has denied former vice president Jejomar Binay's plea to junk the cases filed against him in connection with the construction of the P2.2 billion Makati City Parking Building.
Binay in his motion said the information against him did not show how he supposedly falsified documents nor how he allegedly misappropriated public funds.
The anti-graft court in its decision however said Binay "cannot validly claim that he is not sufficiently apprised of the nature and cause of the accusation against him."
The former vice president and Makati City mayor is facing 9 counts of falsification of public documents, 4 counts of graft and 1 count of malversation, along with other former Makati City Hall officials, as well as private respondents MANA Architecture and Interior Design, Co. Representative Orlando Mateo and Hillmarc’s Construction Corporation Representative Efren Canlas.
The court also noted that the falsification raps filed by the Office of the Ombudsman contained information on falsified documents.
Among these were newspaper reports as supporting documents for alleged public bidding and resolutions declaring Hillmarc’s Construction Corporation as the lowest bidder.
Allegations of graft and malversation, according to the Sandiganbayan, also complied with the requirements of the rules of court.
The charges filed by the Ombudsman also accurately alleged that the accused are public officials who conspired with private individuals Mateo and Canlas.
Binay meanwhile claimed that prosecution failed to state how he supposedly conspired with his co-accused but the court said it is not enough to justify the dismissal of the cases.
“The determination of whether conspiracy indeed attended the commission of the complained acts is a matter that should be established during the trial of these criminal cases,” the court said.
As to Binay’s reasoning that the court should suspend the hearings if it decided to deny his motion to quash because of his pending petition before the Supreme Court, the court also denied his prayer.
Binay has a pending petition for certiorari at the Supreme Court against Ombudsman Conchita Carpio-Morales.
Aside from the denial of Binay Sr.’s motion, the court also denied the similar motion of Canlas.
With the denial of the motions, the court set the arraignment of Binay Sr. on February 23.