Fiscals want ex-councilor as witness vs Binay wife

MANILA, Philippines - State prosecutors are pushing former Makati councilor Ernesto Aspillaga – co-accused of former Makati mayor Elenita Binay, the wife of Vice President Jejomar Binay – to testify in the graft case against her involving the alleged overpriced purchase of partitions and brackets in 1999.

In a motion filed before the Sandiganbayan’s Fifth Division last week, state lawyers asked the graft court to discharge Aspillaga as Binay’s co-accused and utilize him as a state witness in the graft case.

The prosecutors asked the Fifth Division to hear their motion on Aug. 27.

Prosecutors noted that under Section 17, Rule 119 of the Rules of Court, a hearing should first be held before an accused is discharged to become a state witness.

They said Aspillaga, on June 29, formally asked the Office of the Ombudsman to be discharged as an accused “so that he can be a witness in this case.”

Aspillaga was placed under the Department of Justice’s witness protection program on June 22, months after his Sept. 25, 2014 testimony before the Senate Blue Ribbon sub-committee.

Binay and several others were accused of rigging the bidding in favor of Office Gallery International to supply panel fabric partition and connector brackets for the Makati city hall in 1999 when she was still mayor. The purchase was worth P72,065,037.25 but was found overpriced by P21,536,873.07.

Prosecutors said Aspillaga’s testimony will “provide direct evidence that the bidding was simulated or rigged upon orders of accused Elenita Binay.”

They said his testimony can be “substantially corroborated” by Commission on Audit officials who have testified about finding that “there was excessive procurement carried out through a sham bidding.”

Aspillaga is qualified to be a state witness since he “does not appear to be the most guilty” as he merely followed Binay’s order to award the contract to the “favored supplier,” the prosecutors said.

The Fifth Division is also handling another graft case against Binay for allegedly rigging a bidding in favor of Asia Concept International to supply P21.7 million worth of office furnishings in 2000 when she was still mayor. The purchase was also found to be  overpriced by P5,904,844.20.

Prosecutors pushed to have Aspillaga testify in the case, but the Fifth Division turned them down in its June 15 resolution, stating that they have rested their case and allowing the former councilor to testify will prejudice the rights of Binay, who filed a demurrer to evidence.

The demurrer of evidence seeks the dismissal of the case based on the lack of evidence presented by the prosecution.