Dr. Binay buys time in cases against her

By: Marlon Ramos - 10 years ago

MANILA, Philippines—Dr. Elenita Binay, wife of embattled Vice President Jejomar Binay, received a reprieve from the Sandiganbayan on Thursday after the antigraft court postponed her arraignment in the criminal charges filed against her over the allegedly anomalous procurement of some P45 million worth of hospital equipment.

Juan Carlos Mendoza, Binay’s lawyer, asked the antigraft court’s Third Division to move the arraignment to a later date since they received a copy of the court’s Nov. 14 ruling only last Monday.

In its resolution, the court found probable cause to proceed with the trial on the four counts of graft and malversation cases against Binay in connection with alleged anomalies in the acquisition of medical equipment for the Ospital ng Makati when she was the city mayor of Makati in 2001.

“Your honors, we move for the cancellation of the arraignment because we intend to file a motion for reconsideration regarding the court’s resolution,” Mendoza told the three-member division chaired by Presiding Justice Amparo Cabotaje-Tang.

After a 40-minute discussion, the court reset the arraignment to Jan. 29 as it also considered the pending motions filed by four of Binay’s coaccused.

The graft and malversation cases against Binay stemmed from alleged irregularities in the procurement of hospital beds worth P36.43 million in 2001.

She was also indicted for supposed anomalies in the purchase of P8.83 million worth of dry heat sterilizers that same year.

In its Nov. 14 ruling, the court said the arguments that Binay raised in questioning the amended information which the Office of the Ombudsman filed against her were without merit.

“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.

It said Binay’s plan to file a petition for certiorari or review in the Supreme Court was not a valid reason to suspend the trial.

According to the court, 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.”