Binays, 6 others face plunder trial

The Office of the Ombudsman has recently denied the two motions for reconsideration of Makati City officials, led by Mayor Jejomar Binay and his wife Elenita, seeking the dismissal of a P430.2-million plunder suit filed against them almost four years ago.

Ombudsman Merceditas Gutierrez denied for “lack of merit” the motions filed by the Binays and Councilor Salvador Panganiban, administrator Nicanor Santiago Jr., treasurer Luz Yamane, general services head Ernesto Aspillaga, and private respondents Beda Aquino and Bernadette Aquino.

The denial of the motions means the plunder case is automatically elevated before the Sandiganbayan, the court that handles corruption charges against government officials and private individuals who are their alleged accomplices.

The charges against the Binays and their six co-respondents were filed on Aug. 20, 2003 and dragged on for almost four years due to difficulties in gathering the evidence in connection with alleged ghost deliveries and gross overpricing of hospital equipment and supplies intended for the Ospital ng Makati for the years 2000 and 2001.

The case stemmed from a complaint filed by Roberto Brillante, former Makati vice mayor, who claimed to be the chairman of an anti-corruption group called Campaign for Public Accountability.

In an exit conference conducted in February 2002, Makati Vice Mayor Ernesto Mercado lamented the irregularities committed by city officials.

However, Mercado pinned the blame on a certain Apollo Carreon of Apollo Medical Equipment and Supplies, who allegedly “overpriced” all the transactions.

He claimed the function of the city mayor was only ministerial and city officials were themselves victims of an unscrupulous trader. 

“We accept the findings. We should change the system. Jail Apollo,” Mercado said.

Investigators from the Office of the Ombudsman said they have meticulously combed the findings of COA probers, which formed the basis of Gutierrez’s ruling.

Brillante’s allegations were substantiated by a Commission on Audit (COA) report, detailing how the respondents allegedly defrauded the city government.

Bernadette Aquino is the president of Asia Concept International, while Beda Aquino collected payments for and in behalf of Office Gallery International Inc., two companies involved in the anomalous transactions.

The eight respondents were charged with violating Republic Act 7080, the plunder law; Section 3(e) of RA 3019, the anti-graft law; estafa; and misappropriation of public funds.

Gutierrez signed the order dismissing the respondents’ motions for reconsideration on Feb. 13, but the order was released to journalists only recently.

“There is no compelling ground to alter, reverse or even modify, in the Ombudsman Resolution dated September 18, 2006 for the prosecution of the charges before the Sandiganbayan,” Gutierrez said.

She noted that “the arguments raised by the respondents in their motions are matters of defense which they will have to present during the trial of the case for the court to evaluate and scrutinize.”

Brillante filed a separate plunder case before the Ombudsman against the Binays in October 2003, accusing them of rigging bids, falsifying documents and grossly overpricing P230.5 million in office furniture and partitions for the Makati City Hall.

However, Gutierrez’s ruling is confined only to the P430.2 million purchases of hospital equipment and supplies.