Sandiganbayan junks Binays' plea to quash Makati high school building raps

Adrian Ayalin, ABS-CBN News

Posted at Jun 26 2018 01:27 PM

MANILA - The Sandiganbayan 5th Division denied the motion that former Vice President Jejomar Binay and his son former Makati City Mayor Junjun Binay filed seeking to quash their graft and falsification of documents cases involving the construction of a building of the Makati Science High School.

In a resolution promulgated on June 18, the anti-graft court did not agree with the assertion of the elder Binay that the cases filed against him do not allege the existence of conspiracy and that the acts were official and, thus, cannot be considered as having been done with evident bad faith and inexcusable negligence.

“There is no basis for the accused-movant’s claim that his alleged acts cannot be the basis for alleging conspiracy. That these acts were done in good faith is a matter of defense and should not be considered in a motion to quash,” the court said in the resolution penned by 5th Division Chairperson Rafael Lagos.

The court also did not agree with the arguments of the younger Binay in his separate motion that the falsification of public documents cases are defective. 

He had asserted that what matters are the facts alleged in the body of the information and not the title of information or the designation of the offense.

The court also did not side with Binay in his position against the graft case against him, saying disproving it was a matter of evidence that could be threshed out during the trial proper.

And on allegations of double jeopardy, the court also refused to believe the assertions of the younger Binay. 

In his motion, Binay had said he was charged with both graft and falsification for the same exact act. 

“No double jeopardy attaches, as long as there is variance between the elements of the offenses charged. The constitutional right against double jeopardy protects from a second prosecution for the same offense, not for a different one,” the court said quoting a Supreme Court decision on People vs. Reyes.

Aside from the Binays, similar motions filed by their co-accused - former city administrator Marjorie De Veyra and head of legal department Pio Kenneth Dasal- were likewise denied.

But in another resolution promulgated June 21, 2018, the motion to quash filed by former city budget officer Mario Badillo was granted as the allegations against him were “deficient and defective.”