Sandiganbayan finds Binays not guilty in Makati carpark criminal raps

Metro Manila, Philippines - The Sandiganbayan found former Vice President Jejomar "Jojo" Binay Sr. and former Makati Mayor Jejomar "Jun-Jun" Binay Jr. not guilty in multiple criminal cases in relation to the alleged anomalous city carpark building.

In a decision released on Friday, Aug. 22, the Sandiganbayan said the prosecution was unable to prove the “required quantum of evidence” in all cases against the Binays and other accused.

The cases are six counts of violation of the Anti-Graft and Corrupt Practices Act, one count of malversation of public funds, and 16 counts of falsification of public documents.

“The evidence of the prosecution must stand on its own strength and not rely on the weakness of the evidence of the defense,” the decision read.

“Rule 133, Sec. 2 of the Revised Rules on Evidence specifically provides that the degree of proof required to secure the accused's conviction is proof beyond reasonable doubt, which does not mean such a degree of proof as, excluding possibility of error, produces absolute certainty,” it stated.

In 2015, then-Ombudsman Conchita Carpio-Morales found probable cause to file the charges against the Binays and 22 others over the irregular bidding and construction of the P2.28-billion Makati City Hall Parking Building II.

The Ombudsman said the services of Mana Architecture and Interior Design Company were engaged without public bidding, noting that there was no publication of invitations to bid. It added that the Bids and Awards Committee completed the procurement process in just 11 days.

The Ombudsman also said construction projects – which were bagged by Hilmarc’s Construction Company, being the lone bidder – started even without approved design standards, contract plans, and agency cost estimates among others.