The Sandiganbayan’s special third division has set aside the motion of former Makati City mayor Jejomar Erwin Binay Jr. to dismiss a graft and malversation case against him owing to his alleged anomalous construction of the P2.28-billion Makati parking building.
The court division, in its 16-page resolution, said Binay petition’s against two counts of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act and malversation of public funds shall be resolved during the proper trial of the case.
Binay was accused of approving the questionable payment of P11 million to MANA Architecture and Interior Design Co. for the design of Makati City Hall Building II.
His father, former vice president Jejomar Binay, is the main accused in the case. The older Binay is facing four counts of graft, one count of malversation, and nine counts of falsification of public documents.
The former mayor said the contract was bidded out before he assumed office and so he had no control of the fund.
Binay also said the case information against him was merely “statements of the prosecution’s conclusion of law” and not “allegations of fact.”
The court said the younger Binay’s arguments are “devoid of merit.” It said the Ombudsman must present “ultimate facts” that will constitute the alleged offense.