Court gives go signal to Binay damage suit
A Makati court has declared that Vice President Jejomar Binay has “a valid cause of action” in the P200-million damage suit he filed against Senators Alan Peter Cayetano and Antonio Trillanes IV, Ombudsman Conchita Carpio Morales and The Philippine Daily Inquirer, for their allegedly concerted efforts to malign his character and destroy his chances of becoming President.
In a 40-page omnibus order released by Judge Elpidio Calis on Jan. 5, the court said it found Binay’s complaint “sufficiently states a cause of action,” thus denying the motions to dismiss filed by the defendants, describing them as “improper.”
It also explained that by “stating a cause of action,” Binay’s complaint will be heard for the parties to be able to present their evidence.
“The claiming party has the obligation to offer evidence to support the allegations constituting the elements of his cause of action. Thus, this court believes that a full-blown trial is necessary,” read the order.
Binay filed the suit in July 2015, accusing his critics of “orchestrated persecution,” of which the defendants all played their roles, to “malign and discredit the [Vice President] before the public for the upcoming 2016 elections,” accusing Binay of graft, corruption and other illegal activities to accumulate alleged ill-gotten wealth.
Also among the 13 defendants, who are being held liable for libel and violation of Articles 20, 21, 2176 of the Civil Code of the Philippines, are former Makati Vice Mayor Ernesto Mercado, Caloocan Rep. Edgar Erice, whistle-blowers Mario Hechanova and Renato Bondal, Bangko Sentral ng Pilipinas Governor Amando Tetangco Jr. and Anti-Money Laundering Council (AMLC) Deputy Director Julia Bacay-Abad.
Binay asked for P100 million in moral damages and another P100 million in exemplary damages. In addition, he asked that the defendants be ordered to pay P1 million for his lawyer’s fees and litigation expenses.
“The omnibus order clearly belies the contention of the defendants that VP Binay’s damage suit is merely a harassment case,” said Binay’s lawyer, Claro Certeza, in a statement.
He said Binay can finally prove that all the proceedings conducted by his political detractors “were all designed simply to destroy his presidential bid.”
The Makati court also said that Tetangco and AMLC officials cannot use government lawyers to represent them in the case since they are being sued in their personal and not official capacities.
Calis has set the judicial dispute resolution of the case for Jan. 29 at 10 a.m.
