In a five-page resolution, the anti-graft court’s Fifth Division chaired by Associate Justice Minita Nazario granted a motion to drop two graft cases and one violation of Article 220 of the Revised Penal Code filed by the Ombudsman in 1994 against Binay, Roberto Chang, Luz Yamane and Asucena Diaz, all former Makati officials.
The anti-graft court agreed with the prosecution that there is no probable cause for the continuous prosecution of Binay and his three co-accused.
"Indeed, the court has not discerned any abuse of discretion in the findings and conclusion reached by the Office of the Ombudsman, which, as already mentioned, the court, after a careful assessment of the same, gives its imprimatur thereto" Nazario, who penned the resolution, said.
Earlier, Ombudsman Aniano Desierto approved a memorandum prepared by the Office of the Special Prosecutor (OSP) recommending the dismissal of the cases against Binay and his co-accused.
On Oct. 9, 2000, the Fifth Division granted the request made by Binay for the reinvestigation of the cases filed against him.
After the reinvestigation, the OSP found "no substantial evidence" to warrant continued prosecution of Binay and others in three cases docketed as criminal cases numbers 21001, 21005, and 21007.
Binay, during his incumbency as officer-in-charge of the then Municipality of Makati, was accused in criminal case no. 21001 of violating Article 220 of the Revised Penal Code for allegedly disbursing without authority from proper offices unremitted collections of the General Fund and cash in the Trust Fund of the municipality amounting to P107, 493, 158.78.
The charge sheet stated that the funds were allegedly misused for implementing Makati’s Real Property Tax Administration System Installation Project.
Binay was also charged with two violations of Section 3 (e) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act in criminal case nos. 21005 and 21007.
In criminal case no. 21005, Binay was accused of allegedly giving unwarranted benefits by paying more than P3.1 million to Marissa Chan, a former municipal employee, for the reimbursement of food expenses in one affair hosted by the municipality.
On the other hand, Binay in criminal case no. 21007 allegedly purchased groceries worth P9.99 million for distribution to municipal employees of Makati from a store without conducting proper public bidding.
In its reinvestigation, the OSP found out that the amount of more than P107.49 million is not accurate and the implementation of the project benefited the municipality as the real property tax collection increased.
As regards the P9.99 million worth of groceries given to municipal employees, the OSP said the evidence showed that there was a public bidding conducted, the bidding process was not fabricated and the bidders were legitimate.