Former Vice President Jejomar “Jojo” Binay and his son, former Makati City Mayor Jejomar Erwin “Junjun” Binay, have been acquitted by the Sandiganbayan of 23 criminal charges related to the alleged overpriced contracts for the P2.2 billion Makati City Hall Parking Building.
The elder Binay was cleared of four counts of graft, two counts of malversation, and seven counts of falsification, while son was acquitted of three counts of graft, one count of malversation, and seven counts of falsification.
Several other Makati City Hall officials and private individuals were likewise cleared of the charges. Makati City Administrator Marjorie A. de Veyra, Legal Officer Pio Kenneth I. Dasal, and Budget Officer Lorenza P. Amores were found not guilty of all 23 criminal charges.
Bids and awards committee (BAC) member Gerardo K. San Gabriel was acquitted of seven falsification and one graft charge; BAC Technical Working Group member Rodel R. Nayve was cleared of four graft charges; and City Engineer Mario V. Badillo was found not guilty of three graft, one malversation, and three falsification charges.
Central Planning Management Office Chief Line M. Dela Peña was cleared in four graft charges; Civil Engineer Connie N. Consulta in one graft charge; City Accountant Raydes B. Pestaño in two graft and one malversation charge; Acting City Administrator Eleno M. Mendoza Jr. in one graft charge; and City Treasurer Nelia A. Barlis in four graft and one malversation charge.
Private individuals acquitted were Efren M. Canlas of Hilmarc’s Construction Corporation in four graft charges, and Orlando M. Mateo of MANA Architecture and Interior Design Co. in one graft charge.
Also acquitted of the charges were Central Planning Chief Virginia S. Hernandez in one graft and one malversation charge; City Accountant Leonila Querijero in three graft charges; BAC Secretariat member Giovanni I. Condes in three graft charges, one malversation charge, and five falsification charges; Civil Engineer Arnel L. Cadangan in three graft charges, and BAC Secretariat member Ulysses E. Orienza in one graft charge.
The cases against Civil Engineer Emerito C. Magat, City Accountant Cecilio P. Lim III, and BAC Secretariat Manolito N. Uyaco have been ordered dismissed due to their deaths.
“Particularly, the prosecution has not proved beyond reasonable doubt that the statements contained in the assailed documents were absolutely false. Consequently, the allegation of conspiracy must also fail,” the decision stated.
The anti-graft court also said that the prosecution “miserably failed” to prove the required quantum of evidence in all 23 cases, so the Binays and their co-accused should be acquitted of the crimes charged.
The 201-page decision was written by Third Division Chairperson Associate Justice Ronald B. Moreno with the concurrence of Associate Justices Gener M. Gito and Edgardo M. Caldona.
The criminal charges stemmed from the alleged manipulation by the Binays in favoring Hilmarc’s Construction Corporation and MANA Architecture and Interior Design Co. for the construction of the parking building despite the suppliers’ reported failure to deliver approved plans and specifications under the contract.
The Binays and other city officials and private individuals had denied the charges filed against them. (Czarina Ong Ki)
