Binays and 22 Others Acquitted in Makati Parking Building Case

After ten years of litigation, the Sandiganbayan has acquitted former Vice President Jejomar “Jojo” Binay Sr., his son, former Makati City Mayor Jejomar “Junjun” Binay Jr., and 22 other coaccused in the controversial P2.2-billion Makati City Hall Parking Building case.

The court’s Third Division, in a 202-page decision, ruled that the prosecution failed to prove their guilt beyond reasonable doubt. The ruling, penned by Associate Justice Ronald Moreno and concurred with by Associate Justices Gener Gito and Edgardo Caldona, emphasized that the evidence presented did not sufficiently demonstrate that the accused had committed graft, malversation, or falsification of public documents.

Court’s Findings

According to the decision, the prosecution failed to prove that the documents at the center of the case contained statements that were “absolutely false.” The court further ruled that since falsity was not established, the allegation of conspiracy must also fail.

The Binays, along with former Makati City officials and representatives of construction firms, faced five counts of graft, among other charges. All were acquitted.

The Coaccused

The other cleared individuals include Marjorie de Veyra, Pio Kenneth Dasal, Lorenza Amores, Virginia Hernandez, Line dela Peña, Mario Badillo, Leonila Querijero, Raydes Pestaño, Nelia Barlis, Cecilio Lim III, Arnel Cadangan, Emerito Magat, Connie Consulta, Ulysses Orienza, Giovanni Condes, Manolito Uyaco, Norman Flores, Gerardo San Gabriel, Eleno Mendoza Jr., Rodel Nayve, Orlando Mateo of Mana Architecture and Interior Design, and Efren Canlas of Hilmarc’s Construction Co.

Background of the Case

The controversy stemmed from the construction of the Makati City Hall II Parking Building, a multi-phase project that took place during Binay Sr.’s tenure as Makati mayor and continued under his son.

Former Ombudsman Conchita Carpio Morales previously found “flagrant irregularities” in the procurement and construction processes, alleging that contracts were rigged to favor Mana Architecture and Hilmarc’s Construction.

The elder Binay was accused of manipulating the bidding process and approving payments despite incomplete submissions. Junjun Binay faced allegations of releasing funds to Hilmarc’s without proper documentation and falsifying the publication of bidding invitations.

These findings led to indictments, with both father and son facing multiple criminal charges. The younger Binay was also administratively dismissed and perpetually barred from holding public office.

Court’s Reasoning

Despite the Ombudsman’s findings, the Sandiganbayan stressed that the prosecution “miserably failed” to meet the required standard of proof. The court highlighted that in criminal cases, the presumption of innocence must prevail unless guilt is proven beyond reasonable doubt.

The decision emphasized that evidence must stand on its own strength and not rely on the perceived weaknesses of the defense. It also reiterated that “moral certainty,” rather than absolute certainty, is the threshold required for conviction.

Implications of the Decision

This ruling ends a decade-long case that has been a symbol of alleged corruption in one of the country’s most prominent cities. For the Binays, once a powerful political family, the acquittal is a legal victory, though the political impact of the case over the years has been significant.

The full 202-page decision has yet to be released to the public, but its dispositive portion was made available on the day of promulgation.