The Sandiganbayan acquitted former vice president Jejomar “Jojo” Binay and his son, former Makati mayor Jejomar “Junjun” Binay Jr., of graft, falsification of public documents, and malversation of public funds over the allegedly overpriced construction of the P2.2-billion Makati carpark project.
The anti-graft court, during the case’s promulgation on Friday, declared: “The prosecution failed to prove their guilt beyond reasonable doubt.”
Apart from the Binays, 20 other city hall officials and employees, as well as two private contractors, were acquitted in the case. They include the following:
- Marjorie de Veyra
- Pio Kenneth Dasal
- Lorenza Amores
- Virginia Hernandez
- Line dela Peña
- Mario Badillo
- Leonila Querijero
- Raydes Pestaño
- Nelia Barlis
- Cecilio Lim III
- Arnel Cadangan
- Emerito Magat
- Connie Consulta
- Ulysses Orienza
- Giovanni Condes
- Manolito Uyaco
- Norman Flores
- Gerardo San Gabriel
- Eleno Mendoza Jr.
- Rodel Nayve
- Orlando Mateo from Mana Architecture and Interior Design Co.
- Efren Canlas of Hilmarc’s Construction Company
In 2016, the Ombudsman ordered the filing of multiple charges for violation of section 3(e) of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019), malversation, and falsification of public documents against the Binays and the 22 aforementioned.
The body also found the accused guilty of serious dishonesty and grave misconduct for the irregularities committed for alleged overpricing in the procurement of the architectural design and engineering services and construction of Phases I to V of the Makati City Hall Parking Building. The Ombudsman also ordered the dismissal of Binay and his co-accused from service.
The construction of the P2.2-billion Makati carpark project was completed in five phases, including one design phase. These periods spanned through the mayoral terms of the older Binay to Junjun, said the Ombudsman.
It added that no public bidding was conducted by the older Binay before engaging Mana’s services as project designer.
The evidence showed the procurement process was manipulated to ensure the award of the contract to Mana, and that four payments totaling P11.97 million were processed and approved despite the incomplete submission of deliverables such as design plans, working drawings, and technical specifications.
The Ombudsman explained that “the purported negotiation and evaluation of bid proposals in November 2007 was conducted with extraordinary speed” as “for one hour only, the Bids and Awards Committee (BAC) completed the entire negotiation proceedings where bid proposals of seven architectural firms that allegedly participated in this multi-million project were opened and evaluated.”
The younger Binay earlier told the court that 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.”
