‘With damage suit, Binay can air side sans being shouted at, harassed’

THE filing of damage suit by Vice President Jejomar Binay against Senators Antonio Trillanes, Alan Peter Cayetano, Ombudsman Conchita Carpio-Morales and several others “levels the playing field,” a former law dean said Wednesday.

Dean Amado Valdez, former head of the University of the East Law College of Law, said like any individual, the Vice President has the right to file a case against his accusers.

“It is an inherent right of every individual to seek redress and damages. Sometimes offense is the best defense,” said Valdez, who is also the president of the Philippine Association of Law Schools.

Valdez said the damage suit would help weed out the allegations against Binay.

“It will bring the allegations [raised by Binay critics] within the judicial scrutiny according to rules of evidence. What is hearsay will be separated from admissible evidence,” he said.

Binay’s P200-million damage suit stemmed from the series of Senate hearings conducted by Trillanes and Cayetano. Morales was also sued for her comments about the merits of the graft case against Binay. Former Makati Vice Mayor Ernesto Mercado was included in the suit for telling unfounded accusations against the Vice President during the Senate hearing.

The Ombudsman, on the other hand, is conducting a separate probe following the filing of plunder cases against the Vice President.

The complaint was filed before the Makati Regional Trial Court. Also included as defendants were Caloocan City Rep. Edgar Erice; Atty. Julia Bacay Abad, executive director of the Anti-Money Laundering Council (AMLC); Mario Hechanova; Renato Bondal; Nicolas Enciso IV; Philippine Daily Inquirer; Bangko Sentral ng Pilipinas head Amando Tetangco Jr.; Securities and Exchange Commission chief Teresita Herbosa and Insurance Commissioner Emmanuel Dooc.

In his complaint, Binay accused the 12 defendants, allegedly motivated by political ambitions, disdain and personal animosity towards him, and or greed for power and money, of colluding to malign his name and reputation to force him not to run in the 2016 presidential elections.

Valdez cautioned Carpio-Morales against invoking her immunity from suit, as defense against Binay’s suit, saying it would run contrary to the Ombudsman’s decision to charge Binay over alleged overpricing of infrastructure projects in Makati.

The Ombudsman earlier this month filed a plunder case against Binay, despite several sectors saying Binay is immune from suit as an impeachable official.

“The immunity defense is double-bladed. Binay will be justified to invoke it as well,” said Valdez.

Apart from the Ombudsman, also immune from suits according to the Constitution are the President, the vice president, Supreme Court justices, and members of constitutional commission.

Impartial and neutral forum

Meanwhile, Vicente Joyas, former Integrated Bar of the Philippines president, said he completely understood Binay if he had finally decided to seek relief from the judiciary.

“VP Binay must be looking for an impartial and neutral forum. And the court (note: Binay filed his lawsuit at the the Makati Regional Trial Court last Monday) is an impartial forum where he can ventilate his side on the allegations raised against him,” Joyas said adding that with the case, he will be able to refute the accusations against him.

Joyas said Binay will be able to give his response “without fear of being shouted at and harassed.”

He added that he will not be surprised if Cayetano and Trillanes would invoke their parliamentary immunity as lawmakers, “but at least, Binay would have a venue to prove the propriety of his damage suit.”