Republic of the Philippines

SUPREME COURT
Manila
EN BANC


MEMORANDUM

DEFENDANT , through counsel, respectfully submit this memorandum.


I. PRELIMINARY STATEMENT
Defendant denies the allegations of the respondents which assails the overpricing of the
Makati City Parking Building and the truth of the matter is that the plaintiffs allegations are
tainted with ill motive and the complaint seeking to impeach Vice-President Jejomar Binay be
dismissed for lack of merit.

II. STATEMENT OF FACTS

In order that the Honorable Court may be enlightened and guided in the judicious
disposition of the above entitled case, cited hereunder the material, relevant and pertinent facts
of the case.
A plunder complaint was filed against Binay and his son, Makati Mayor Jejomar Erwin Junjun
Binay Jr., before the Office of the Ombudsman over the alleged overpriced building.
amounting to P 2.28 billion 11-storey parking building in Makati City Building.
.

III. ISSUE
Whether or not Vice-President be impeached for the alleged overpricing of the Makati City
Parking Building.
Whether or not Vice-President Binay be impeached for purported acts committed before he
became Vice-President.
Whether or not the acts of Vice-President Binay is a culpable violation of the Constitution
or betrayal of public trust.
IV. ARGUMENTS AND DISCUSSIONS
The presumption of innocence is one of our most basic rights, and everyone, from the man on
the street to the second highest official in the land, is entitled to it

When an allegation is treated as fact despite the absence of proof whatsoever, there exist an ill
motive on the part of the complainant.

The grounds for impeaching an impeachable official is that the alleged offense should have
been committed during the impeachable officers tenure of office.
The supposed crime he committed was not an impeachable offense as it took place when he
was mayor of Makati City
Vice President Jejomar Binay cannot be impeached for purported acts committed before he
became vice president, Belmonte said

Premises considered there is no basis for Vice-President Binays impeachment. This Makati
City parking building cannot be used against him for impeachment.
The supposed crime he committed was not an impeachable offense as it took place when he
was mayor of Makati City
Vice President Jejomar Binay cannot be impeached for purported acts committed before he
became Vice-President.




V. PRAYER
WHEREFORE premises considered, it is respectfully prayed for this Honorable Court
that judgment be rendered :
1. Dismissing the complaint in its entirety.
2. Other just and equitable relief under the foregoing are likewise being prayed for.

Respectfully submitted.

Legazpi City, Philippines, September 19, 2014.

By:

Atty. X
IBP No. 7751321/02.3.14/Q.C.
PTR No. 6268281/01.19.14/Q.C.
Roll No. 535712
MCLE Compliance No. 11-0017612