The Sandiganbayan has thrown out the appeal of doctor Elenita Binay, wife of Vice President Jejomar Binay, to suspend proceedings on the criminal cases brought against her in connection with the anomalous purchase of over P45-million worth of medical supplies and equipment when she was still the mayor of Makati City.
In a 23-page resolution promulgated on Nov. 14, the antigraft court’s Third Division said there was no legal obstacle to the trial of the cases against Binay after the Office of the Ombudsman denied her motion for reconsideration on Sept. 8.
The antigraft court said the arguments Binay raised in her July 28 motion questioning the amended information filed by the Ombudsman lacked merit.
Elenita Binay. INQUIRER FILE PHOTO
“After personally reading and evaluating the above-enumerated documents…the court finds the existence of probable cause that the crime of violation of (graft) and malversation under Article 217 of the Revised Penal Code on two counts each, have been committed and that the accused are probably guilty thereof,” the court said.
Arraignment on Nov. 20
The resolution was written by Presiding Justice Amparo Cabotaje-Tang, chair of the Third Division, with Associate Justices Samuel Martires and Alex Quiroz concurring.
The court set Binay’s arraignment on Nov. 20 at 1:30 p.m. The Vice President’s wife had already posted bail at P30,000 even before the court issued its resolution.
The court said Binay’s plan to file a petition for certiorari in the Supreme Court was not a valid reason to suspend the trial.
It said Section 7, Rule 65 of the Revised Rules of Court clearly stated that “the mere filing of a petition for certiorari shall not interrupt the course of the principal case.”
Not automatic
“If the mere filing of petition for certiorari before a higher court would not automatically interrupt the course of the principal case, it is with more reason that accused Binay’s intended filing of such petition…cannot serve as an impediment to the continuation of the proceeding in these cases,” the court argued.
The graft and malversation cases against Binay stemmed from the alleged irregularities in the procurement of hospital beds worth P36.43 million for the Ospital ng Makati in 2001.
She was also indicted for supposed anomalies in the purchase of P8.83 million worth of dry heat sterilizers that same year.