Junjun Binay seeks dismissal of graft raps

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FORMER Makati mayor Jejomar Erwin “Junjun” Binay Jr. is asking the Sandiganbayan’s Fifth Division to dismiss the graft charges he is facing along with other individuals over the alleged anomalous procurement processes in connection with the Makati Science High School building.

In a supplement to motion to quash, Binay Jr.’s camp said that the charge sheets “alleged the acts of falsification charged in separate Informations for Falsification of Public Document, as constituting the graft charge.”

Thus, the defense said, the charges “should also be quashed on the uniform ground that they charge more than one offense.”

“In the case of the Information in SB-18-CRM-0157, its essential element of graft as laid out in its paragraph (b) regarding the falsification of the BAC Resolution, is exactly the same act of falsification of BAC Resolution dated 8 August 2011 constituting the offense of Falsification charged under SB-18-CRM-0163,” it said.


Information is charge sheet. BAC is bids and awards committee.

“In the case of the Information in SB-18-CRM-0158, its essential element of graft as laid out in its paragraph (b) regarding the falsification of the BAC Resolution, is exactly the same act of falsification of BAC Resolution dated 3 September 2012 constituting the offense of Falsification charged under SB-18-CRM-0164,” Binay Jr.’s camp said in part.

“In the case of the Information in SB-18-CRM-0159, its essential element of graft as laid out in its paragraph (b) regarding the falsification of the BAC Resolution, is exactly the same act of falsification of BAC Resolution dated 19 July 2013 constituting the offense of Falsification charged under SB-18-CRM-0165,” it added.The Office of the Ombudsman filed charges of graft and falsification before the anti-graft court Sandiganbayan in March against former Makati mayors Jejomar Binay Sr., Binay Jr., and other individuals over the alleged anomalous procurement processes in connection with the Makati Science High School building.

Later, the court found basis to proceed with the trial.

Father and son both posted bail totaling P192,000 on April 2, ahead of the court’s issuance of an arrest warrant. The other accused have also posted bail. REINA TOLENTINO

 

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