Elenita Binay seeks suspension of graft, malversation trial
April 7, 2017 | 4:31pm
Former Makati Mayor Elenita Binay is facing two counts of graft and two counts of malversation of public funds before the Sandiganbayan's Third Division. The cases stemmed from the alleged anomalous purchase of hospital beds worth P36.43 million in 2001 and autoclave sterilizers worth P8.83 million in 2000 for the Ospital ng Makati during her term as mayor.
File
MANILA, Philippines — Elenita Binay, wife of former vice president Jejomar Binay Sr., has asked the Sandiganbayan to indefinitely suspend the trial of her graft and malversation cases over the alleged anomalous purchase of hospital beds and sterilizers during her term as Makati mayor.
In her six-page urgent motion filed before the anti-graft court's Third Division, Mrs. Binay said she intends to file a petition for certiorari before the Supreme Court (SC) to challenge the Third Division's March 22 ruling denying with finality her motion to re-raffle her cases.
The Third Division's March 22 ruling also denied with finality Mrs. Binay's motion calling for Sandiganbayan Presiding Justice and Third Division Chairman Amparo Cabotaje-Tang's inhibition from handling the cases.
“Accused respectfully submits that it will be more prudent to defer the proceedings pending the resolution of the Petition for Certiorari for orderly proceedings,” Binay's motion read.
Mrs. Binay contends that under the Rules of Court, she has 60 days or until May 28 to question the trial court's ruling before the High Tribunal.
Binay said she is filing the petition for certiorari not to delay the proceedings but to simply avail of her Constitutional rights against “unwarranted and vexatious” prosecution.
Mrs. Binay is facing two counts of graft and two counts of malversation of public funds before the Third Division.
The cases stemmed from the alleged anomalous purchase of hospital beds worth P36.43 million in 2001 and autoclave sterilizers worth P8.83 million in 2000 for the Ospital ng Makati or OsMak during her term as Makati mayor.
The prosecution was given 10 days to comment on Binay's urgent motion to defer the trial. The prosecution was earlier scheduled to start the presentation of its evidence on April 19 and 20 and May 16 and 17.
Binay said that “in the interest of justice,” it is more prudent for the Third Division to first await the SC's ruling on the petition that she is about to file.
It can be remembered that Binay, through a motion, urged Tang to recuse herself from handling the cases, claiming that the latter is biased against her.
Binay also filed a separate motion seeking the re-raffle of the cases claiming that the graft and malversation charges over the purchase of hospital beds have separate sets of respondents, evidence and witnesses from her graft and malversation charges over the purchase of the sterilizers.
The Third Division denied both motions. The court said an allegation of bias must be supported by “clear and convincing evidence” rather than “mere suspicion.” The court said the records also show that all the four cases “fall under the same class [and] involve almost the same parties and issues; hence these cases may be properly consolidated for trial.”
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