The Sandiganbayan Third Division has discovered possible trigger to strive dismissed-Makati mayor Jejomar Erwin “Junjun” Binay Jr. for graft and falsification of public paperwork over the anomalous building of the P2.2 billion Makati automobile park building.
In a decision promulgated April 18, the anti-graft court docket mentioned there was possible trigger to strive Binay Jr. for falsification and graft raps as a result of he was then the pinnacle of procuring entity (HOPE) who had the obligation to consider the paperwork submitted to him by the Bids and Awards Committee.
READ: Junjun Binay charged with graft, doc falsification over carpark building
The court docket mentioned there was foundation to proceed with the trial of Binay’s six counts of falsification of public paperwork, noting that the invitation to apply for eligibility and to bid (IAETB) allegedly falsified in the Balita newspaper appeared to be superimposed on a Sudoku sport printed in the identical concern of the newspaper.
“Instead (of the IAETB), a Sudoku Loco game is printed in the same location where the IAETB appears in the accused’s copy. After the said examination, the Court agrees with the finding of the Ombudsman that the purported IAETB seems to have been merely superimposed in the copy of the said newspaper,” the court docket mentioned.
The court docket additionally threw out Binay’s protection – newspaper is a non-public doc and thus he shouldn’t be answerable for falsification – as “erroneous,” noting that the newspaper attained a public character when it turned a part of the bidding information of the Makati automobile park building.
“The court finds that the aforesaid circumstances are sufficient to establish the likely presence of the elements of falsification,” the court docket mentioned.
The court docket additionally mentioned Binay was answerable for falsifying the Bids and Awards Committee Resolution which mentioned there was an invite to bid printed in a newspaper, as a result of he had the “legal obligation” to put together and concern BAC resolutions.
The court docket additionally discovered “no merit” in Binay’s declare that he was neither a signatory nor writer of the mentioned paperwork, noting that his obligation because the HOPE on the approval of BAC resolutions was “not ministerial.”
“In any case, the presumption of authorship of falsification is equally applicable to him as he is charged in conspiracy with his co-accused,” the court docket mentioned.
As to the possible trigger to strive him for his two counts of graft, the court docket noticed that Binay Jr. permitted the BAC decision on the identical day it was issued by the BAC on Aug. 2011, and that the contract was awarded to Hilmarc’s Construction though it failed to post a efficiency safety.
These circumstances, the court docket mentioned, “only serve to buttress a finding of probable cause.”
Records of the case additionally confirmed that there was no pre-procurement convention prior to the bidding of the Phases IV and V of the challenge, though the permitted price range contract of the tasks is means above the edge quantity whereby the obligatory pre-procurement convention could also be disbursed with.
The court docket additionally famous the absence of plans, specs, certificates of acceptance, and inspection report for the primary cost to Hilmarc’s; the absence of Hilmarc’s billings, progress stories of accomplishment and inspection stories for succeeding funds; and the dearth of a certification of ultimate inspection and contractor’s affidavit on the cost of labor and materials for the ultimate cost.
These are all violations of audit circulars on the documentary necessities for widespread authorities transactions, the court docket mentioned.
In sum, the court docket mentioned the paperwork solely confirmed that Binay Jr. and his co-accused have in all probability dedicated the falsification and graft charges, and that the prima facie information of the case solely confirmed that the bidding for the Makati automobile park building was rigged.
“Based on the court’s evaluation of the record of these cases, it appears prima facie that the rigging of the bids for the said infrastructure project… without the necessary supporting documents would not have been accomplished without the active participation and/or cooperation of the herein accused-movants of the city government of Makati…” the court docket mentioned.
Since a lot of the accused have posted bail, the court docket now not issued warrants of arrest which have been rendered moot and educational.
READ: Junjun Binay posts P204,000-bail, hopes for truthful trial
The court docket set Binay Jr’s arraignment on May 18 at 1:30 p.m.
Binay’s first graft charge concerned the contract for Phase IV of the development with Hilmarc’s regardless of the absence of the challenge’s accepted and permitted plans and specs, in addition to the failure of Hilmarc’s to post its efficiency safety.
He additionally permitted the discharge of the P649.2 million for the contract to Hilmarc’s though the accomplishment report was baseless and the supporting paperwork had deficiencies.
His second graft charge concerned the contract for Phase V of the challenge.
Binay launched a P141.6 million cost for the contract to Hilmarc’s though the accomplishment report was baseless and the supporting paperwork had deficiencies.
His charges for falsification of public paperwork, in the meantime, stemmed from his alleged position in falsifying a July 7, 2011, concern of Balita newspaper in addition to an affidavit of publication to make it seem that an invite to apply for eligibility and to bid was printed.
Binay was additionally accused of falsifying the bids and awards committee decision which mentioned there was an invite to bid printed in a newspaper; there was public bidding; and there was just one bidder (Hilmarc’s), when in reality none passed off.
He was additionally charged of falsifying a writer’s affidavit pertaining to the publication of an invite to bid for the development of the building when in reality the writer had denied executing such affidavit.
Binay had been ordered dismissed and perpetually barred from public workplace by the Ombudsman over the executive offenses of misconduct and dishonesty in reference to the anomalies surrounding the Makati automobile park building.
READ: Ombudsman orders dismissal of Junjun Binay
Also set to face trial with him are Makati officers former metropolis administrator Marjorie de Veyra, performing metropolis administrator Eleno Mendoza Jr., metropolis authorized officer Pio Kenneth Dasal, metropolis price range officer Lorenza Amores, bids and awards committee (BAC) vice chair Gerardo San Gabriel, BAC secretariat Manolito Uyaco, BAC technical working group chair Rodel Nayve, central planning administration workplace chief Line de la Pena, civil engineer Connie Consulta, Makati treasurer Nelia Barlis, Makati accountant Cecilio Lim III, and former metropolis engineer Mario Badillo, Efren Canlas, consultant of Hilmarc’s, was additionally charged with Binay.
On prime of the charges, Binay was a co-accused in the malversation and graft charges of his father former vp Jejomar Binay Sr.
READ: Citizen Binay faces graft, malversation, falsification raps over Makati parking building
While Binay Sr. was charged for rigging the primary three phases of the building when he was Makati mayor, Binay Jr. was charged for phases IV and V of the building when he succeeded his father in the town corridor.
Binay Sr. served as Makati mayor from 1988 to 1998 and 2001 to 2010. He was elected vp in 2010. Binay Jr. was Makati mayor in 2010 till he was dismissed from service in 2015 due to the charges.
Binay Sr. lately requested the court docket to modify the phrases of its conditional arraignment towards him. He has requested the court docket for depart to journey to Israel for a non secular pilgrimage. Binay Jr. was supposed to be part of however he backed out to deal with his youngsters. CBB
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