THE Sandiganbayan’s Special Fifth Division has acquitted former Vice President Jejomar “Jojo” Binay Sr. and his son, former Makati Mayor Jejomar “Junjun” Binay Jr., of graft and falsification charges related to the alleged rigging of P1.3 billion worth of contracts for the construction of the Makati Science High School (MSHS) building.
The court granted the demurrer to evidence separately filed by the Binays and their 16 coaccused, which included contractors and Makati City Hall employees involved in the project. The decision effectively dismissed the charges due to insufficient evidence presented by the prosecution.
Insufficient Evidence and Flawed Witness Testimonies
In an 86-page resolution promulgated on December 15, the court found that the prosecution “utterly failed” to substantiate claims of conspiracy, bad faith, gross negligence, and partiality. The testimonies of key witnesses were deemed unreliable as they lacked firsthand knowledge of the alleged irregularities.
The court noted that the prosecution’s principal witness even absolved the Binays of liability, further weakening the case.
Lack of Adverse Findings from COA
The Sandiganbayan highlighted the absence of any adverse findings or notices of disallowance from the Commission on Audit (COA) during the construction of the six-phase, 10-story school building. It stated that this bolstered the defense’s claim of good faith.
Additionally, the court pointed out that the Office of the Ombudsman failed to provide evidence of overpricing or that the Makati City government could have obtained better rates from other contractors.
History of Allegations
The allegations stemmed from a plunder and graft complaint filed in 2014, accusing the Binays of inflating the project cost from its original estimate of P470 million to P1.3 billion. Former Ombudsman Conchita Carpio Morales later ordered the filing of criminal charges, asserting that the bidding process was rigged to favor Hilmarc’s Corporation, the contractor for the project.
Both Binay Sr. and Binay Jr. denied involvement in the alleged conspiracy. Binay Sr. argued that he had no direct role in the bidding process, while his son maintained that his participation was limited to approving payment vouchers.
Contractors and Phases
The MSHS construction was carried out in six phases, with contracts awarded to Infiniti Architectural Works for architectural and engineering services and Hilmarc’s Corporation for the main construction. The project’s cost was broken down into phases ranging from P99.6 million to P394.1 million.
Court’s Decision
By granting the demurrer to evidence, the court effectively acquitted the Binays and their coaccused, ruling that the prosecution failed to prove its case beyond a reasonable doubt. It also emphasized that the lack of adverse findings from COA and the unreliable testimonies of key witnesses were critical in its decision.
This ruling closes a decade-long legal battle over one of the most high-profile graft cases involving the Binay family.