Court junks former vice president Binay's bid to dismiss graft cases

THE Sandiganbayan Special Third Division denied former Makati Mayor Jejomar Binay Sr.'s plea to nullify the Informations (charge sheets) accusing him of graft, malversation, and falsification in connection with the alleged anomalous construction of the Makati City Hall Parking Building.

"With the aforesaid precepts as guide, it is undeniable that the matters raised by accused Binay, Sr. in his motion to quash the Informations, i.e., there are allegedly no facts showing how he supposedly "falsified or fabricated the newspapers, affidavits of publication and BAC Resolutions in the Informations, there are no facts or details showing how he supposedly appropriated, took, misappropriated or consented, or through abandonment or negligence, permitted another person to take public funds, that the Informations do not allege facts to support the conclusion that there was an act done by the accused Binay, Sr. through manifest partiality, evident bad faith, or gross inexcusable negligence or that he caused any undue injury to any party, including the government, or gave any unwarranted benefits, advantage or preference, are evidentiary facts which need not be alleged in the subject Informations," the court said in part in a 53-page resolution promulgated on February 5.