Mrs. Binay seeks case dismissal

Elenita Binay

MANILA, Philippines—Former Makati Mayor Elenita Binay on Thursday asked the Sandiganbayan  to dismiss a graft case filed against her by the Ombudsman almost 7 years ago, citing delays in the proceedings.

Through her lawyers, the wife of Vice President Jejomar Binay said the long delay had violated her constitutional right to a speedy trial which, she added, constituted sufficient ground for the dismissal of the case.

In a motion before the antigraft court’s 5th Division, Binay “[invoked] the longstanding doctrine that in the hierarchy of rights, the Bill of Rights takes precedence over the right of the state to prosecute, and when weighed against each other, the scales of justice tilt toward the former.”

Binay is charged with violating the Anti-Graft and Corrupt Practices Act, along with coaccused City Councilor Salvador Pangilinan, former city administrator Nicanor V. Santiago Jr., former city treasurer Ernesto A. Aspillaga and private defendant Bernadette Aquino.

The case involves the alleged rigged public bidding in August 2009 for a P72-million supply contract which the Makati government ended up awarding to Office Gallery International Inc.

In her testimony, Audit Commissioner Heidi Mendoza linked Binay and the former city officials to alleged fraud in the transaction.

Binay argued that the information was originally filed on Oct. 3, 2006, but she and her coaccused were arraigned only on Dec. 3, 2010.