Binay on P200M suit: It’s payback time

By: Delfin T. Mallari Jr., Jerome Aning - 9 years ago

Vice President Jejomar Binay. INQUIRER FILE PHOTO

LUCENA CITY, Philippines—Vice President Jejomar Binay on Wednesday said the inclusion of the Philippine Daily Inquirer in his P200-million damage suit was his way of getting back against those who had allegedly been maligning him in an attempt to derail his bid for the presidency next year.

Binay was asked by the Inquirer why he singled out the PDI in his legal suit when there were other newspapers, radio and television networks that had also been reporting on the allegations of corruption against him and family. He replied: “Paano naman, yung diaryo ninyo ay mahigit akong apat-napung beses na naheadline (It is because your newspaper had made me the banner headline more than 40 times).”

He said the screaming headlines were part of the “conspiracy to destroy us.”

He added that the civil suit was “one way to stop” the alleged demolition job against him and the “lies and attacks” on his person.

The suit filed on Monday in the Makati City Regional Trial Court included Senators Alan Peter Cayetano and Antonio Trillanes IV, Caloocan Rep. Edgar Erice, Ombudsman Conchita Carpio Morales, Bangko Sentral ng Pilipinas Gov. Amado Tetangco Jr., Securities and Exchange Commission Chair Teresita Herbosa, Insurance Commissioner Emmanuel Dooc, Anti-Money Laundering Council Executive Director Julia Bacay-Abad, and former Binay allies Mario Hechanova, Ernesto Mercado, Renato Bondal and Nicolas Enciso IV.

Binay and his son, Makati Mayor Junjun Binay, have both been charged with graft and corruption over allegations of overpricing of the Makati City Hall Building II and the Makati Science High School building.

The younger Binay is now on a six-month preventive suspension while the Ombudsman is conducting an investigation of the charges against him.

The Binays have denied wrongdoing.

Offense the best defense

Amado Valdez, former University of the East law dean, said Binay had every right to press charges against lawmakers and other politicians critical of him because it “levels the playing field” between the Vice President and his accusers.

“It is an inherent right of every individual to seek redress and damages. Sometimes offense is the best defense,” Valdez told reporters.

“[The damage suit] 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 added.

The Vice President has repeatedly claimed that the accusations against him had no basis and were merely based on hearsay.

Valdez also cautioned Morales against invoking immunity from suit, saying it would run contrary to the Ombudsman’s decision to charge Binay.

Immunity defense

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

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

Several lawyers, including Justice Secretary Leila de Lima, maintained that Binay was not immune from suit and could be prosecuted, but he could only be removed from office upon being impeached.

Other lawyers, however, said the Vice President, the Ombudsman, Supreme Court justices and members of constitutional commissions enjoyed immunity from suit and might only be prosecuted after they had served their terms.