Makati RTC rejects motions to dismiss Binay's P200-M damage suit

MANILA, Philippines - The Makati Regional Trial Court Branch 133 has found valid cause of action in the P200-million damage suit filed by Vice President Jejomar Binay against Sens. Alan Peter Cayetano, Antonio Trillanes and several others.

In a 40-page Omnibus Order dated Jan. 5, 2016 issued by Judge Elpidio R. Calis, the court ruled that the vice president’s complaint states a cause of action against the defendants and for this reason, the move to dismiss the charges was denied by the court.

The court ruled that the grounds relied upon by the defendants to dismiss the case are improper.

It would be recalled that Binay had lodged his P200 million damage suit against Senate Blue Ribbon Sub-Committee members Cayetano and Trillanes, and against former Makati City officials Ernesto Mercado and Mario Hechanova, Rep. Edgar Erice, Renato Bondal and Nicolas Enciso.

Also included in the suit are Anti-Money Laundering Council (AMLC) officials Amando Tetangco Jr., Emmanuel Dooc, Teresita Herbosa and Julia Abad, Ombudsman Conchita Carpio-Morales, and the Philippine Daily Inquirer, for allegedly conspiring to destroy his reputation and consequently, to derail his presidential bid.

Binay alleged in his complaint that Erice is the group’s talking head, while Mercado, Hechanova, Bondal and Enciso, acted as paid witnesses who concocted charges of corruption against him and his family. Trillanes and Cayetano allegedly provided the venue to air these false charges. On the other hand, Carpio-Morales and the AMLC officials were alleged to have provided the veneer of truth to the lies by entertaining the unsubstantiated complaints against VP Binay without observing due process.

The Philippine Daily Inquirer meanwhile was accused by Binay of acting as the “biased media outlet” that relentlessly bombarded the public with lies and innuendo spewed by the paid witnesses concerning his integrity, through malicious and slanted reports.

In their defense, the defendants in the damage suit filed either Answers with Special and Affirmative Defenses, Motions to Dismiss, and Comments stating that Binay’s complaint does not state a cause of action against them.

Meanwhile, the court also admonished Ombudsman Carpio-Morales and the AMLC officials for using government lawyers from the Office of the Solicitor General and the Office of the Ombudsman to represent them in the case.

The court said the Ombudsman and the AMLC officials cannot use government lawyers as they are being sued in their personal and not official capacities.

Meanwhile, Binay’s lawyer, Claro Certeza said the court’s Omnibus Order clearly belies the contention of the defendants that Binay’s damage suit is merely a harassment case.

“VP Binay can now prove what he is saying all along – that the inquisitorial proceedings conducted by his political detractors were all designed simply to destroy his presidential bid,” Certeza said.