Binay loses bid to dismiss graft case

MANILA, Philippines - The Sandiganbayan has junked a motion by former Makati mayor Elenita Binay to dismiss a graft case against her for allegedly bypassing the bidding to favor a firm to supply P72 million worth of furnishings for the Makati City Hall.

Binay filed the motion in June, saying her right to a speedy trial was derailed due to the “inordinate and continued delay in arraigning and bringing the accused to trial.” The charges were filed against her in 2006 and she was arraigned on Dec. 3, 2010. The trial started last year.

Associate Justice Amparo Cabotaje-Tang, in a 60-page resolution released yesterday, said Binay filed “numerous motions” the court had to resolve.

Binay said in her motion that the speedy trial law provides that when an accused enters a plea of not guilty, trial will have to start in 30 days. However, the Sandiganbayan told Binay it was she who asked for the reinvestigation of the case, which the court granted.

“The ‘supervening delay’ in this case was precipitated by the reinvestigation that the accused themselves had sought. This action effectively stops them from complaining that their right to speedy trial had been violated,” the resolution read.

The Sandiganbayan ordered Binay’s trial, which has advanced to the prosecution’s presentation of evidence, to proceed.