MANILA - Former Makati City Mayor Jejomar "Junjun" Binay Jr. has asked the Sandiganbayan 1st Division to reconsider its denial of his plea to dismiss his cases in connection with the allegedly anomalous construction of the P2.2-billion Makati City Parking Building.
The court had refused to dismiss the 2 graft cases and 1 malversation charge against Binay Jr., who is accused with his father, former Vice President Jejomar Binay.
The allegedly overpriced project started when the elder Binay was still Makati mayor. Binay Jr. is facing graft and malversation cases for continuing the project from 2010 to 2013.
Binay Jr. is accused of conspiring with officials as well as with MANA Architecture and Interior Design Co for the irregular contract involving the architectural design and engineering services for the building.
In a motion for reconsideration, the younger Binay told the court that the graft charges do not constitute a crime as he “merely approved the release of payments in 2011 and 2013."
He also asserted that the bidding and post-bidding activities were “performed by persons other than him.”
“Clearly, movant did not have any opportunity to question the award and approval of the contract as by the time he was elected Mayor of the City of Makati, all but the signing of the contract was left to be done,” Binay’s lawyers said.
His camp asserted that he did not handle public funds used in the project.
“Verily, the Local Government Code defines the powers, duties and fuctions of a Mayor, and “custody of public funds” is not among them,” Binay’s lawyers said.