Binays, others cleared in Makati carpark case

The Sandiganbayan has acquitted former vice president Jejomar Binay Sr., his son former Makati mayor Jejomar Erwin Binay Jr., and several other former officials of the Makati City government of multiple criminal charges in connection with the allegedly anomalous construction of the P2.2-billion Makati City Hall Building II.

- By ELIZABETH MARCELO

In a 202-page decision promulgated yesterday, the court's Third Division said the prosecution panel of the Office of the Ombudsman failed to prove beyond reasonable doubt the guilt of the Binay father and son, their co-accused former Makati City officials, as well as private respondents Efren Canlas of Hilmarc's Construction Corp. and Orlando Mateo of Mana Architecture and Interior Design Co. (MANA).

"Basic in all criminal prosecutions is the presumption that the accused is innocent until the contrary is proved. Thus, the well-established jurisprudence is that the prosecution bears the burden to overcome such presumption; otherwise, the accused deserves a judgment of acquittal," the decision, penned by Associate Justice Ronald Moreno, read.

"Here, the prosecution has miserably failed to prove the required quantum of evidence in all these cases. Acquittal, therefore, is in order," it added.

Associate Justices Gener Gito and Edgardo Caldona concurred with the ruling.