Sen. Antonio “Sonny” Trillanes had asked the Makati City Regional Trial Court (RTC) to dismiss the P200-million damage suit filed by Vice President Jejomar Binay for lack of merit and for being overpriced.
“Plaintiff himself has declared publicly that his net worth in statements of assets, liabilities and net worth (SALN) for 2014 amounts only to P60.25 million. For him to claim damages at P200 million, when he himself placed his current net worth at less than one-third, is overpricing,” Trillanes said.
In a 25-page reply to Binay’s suit before the Makati City RTC Branch 133, Trillanes said the complaint should be dismissed because it is premature and had no cause of action.
Immunity, free speech
He added that as a senator he has parliamentary immunity for statements made during the Senate blue ribbon subcommittee hearing, while statements issued in the course of public debate falls under the rights to free speech, freedom of expression and of the press.
Trillanes, who described the Binay suit as “frivolous,” asked the court that Binay instead pay him P2.5 million for moral and exemplary damages and lawyer’s fees.
“To serve as an example for the public good and in order to deter others who may be similarly inclined like the plaintiff from pursuing frivolous and overpriced suits defendant prays for P1-million exemplary damages,” Trillanes said.
Included in Binay’s suit were former Makati City Vice Mayor Ernesto S. Mercado, Sen. Alan Peter S. Cayetano, Caloocan Rep. Edgar R. Erice, members of the Anti-Money Laundering Council (AMLC), Bangko Sentral ng Pilipinas Gov. Amando M. Tetangco Jr., Insurance Commissioner Emmanuel F. Dooc, Securities and Exchange Commission Chair Teresita J. Herbosa, Ombudsman Conchita Carpio-Morales, and the Philippine Daily Inquirer.
Public debate
Trillanes maintained that he enjoys parliamentary immunity and merely performing his sworn duties when he filed a year ago a resolution before the Senate blue ribbon committee to investigate alleged anomalies at the City of Makati, particularly the alleged overpricing of the Makati City Hall Parking Building.
Trillanes also explained that his media statements were against the backdrop of the raging public debate on a matter of public concern particularly the issue of the alleged massive, systematic and institutionalized corruption at the Makati City Hall.
He described Binay’s case as “for the sole purpose of harassing defendants and/or preventing them from continuing the performance of their lawful duties and functions.”
Trillanes said the allegations of conspiracy were nothing but a “mere figment of Binay’s fertile imagination.”
Trillanes explained that except for Cayetano and Erice, he does not personally know nor ever met the rest of the defendants prior to the start of the Senate investigation of the Makati corruption scandal.
Biased media
Trillanes also stated that Binay’s assertion that the Inquirer played the role of a “biased media outlet” and connived to destroy his name and reputation is false.
“The newspaper merely performed its duty to report on the truth about the controversies and anomalies uncovered in the ongoing Senate investigation and related stories in the exercise of its roles as one of the leading exponents of press freedom in the Philippines and as an advocate of balanced news and fearless views.
“If ever the news articles appearing in the newspaper seemed one-sided, plaintiff has no one to blame except himself, because of his obstinate refusal to appear before the Senate so his side on the issues can be heard,” Trillanes said.
The Senate has conducted 21 hearings on issues against Binay since August last year.
Meanwhile, the AMLC asked the court to freeze Binay’s bank accounts totaling P600 million. The Court of Appeals approved the AMLC petition on May 11.
Also frozen were the accounts of Binay’s son, suspended Mayor Jejomar Erwin “Junjun” Binay, wife Elenita and his alleged dummies. According to the AMLC, there are 242 accounts under Binay and his dummies.