Elenita Binay wants presiding judge out of graft case

Dr. Elenita Binay to Presiding Justice Amparo Cabotaje-Tang: Hands off my case.

The Sandiganbayan Third Division has deferred the start of the graft and malversation trial of former Makati mayor Elenita Binay following the respondent’s motion for Presiding Justice Amparo Cabotaje-Tang to inhibit from the case.

Dr. Elenita Binay arrived at the scheduled hearing on her motion on Monday with her husband former vice president Jejomar Binay.

The former vice president, who was hounded with corruption allegations during his failed presidential bid in the May elections, refused interviews from the media.

During Monday’s proceedings, Tang said the hearings on Dr. Binay’s case are suspended until the motion for inhibition against her is resolved. The trial was supposed to start tomorrow (Tuesday).

“All hearings scheduled for this case are suspended until such time the motion has been resolved,” Tang said in open court.

In her motion for inhibition, Dr. Binay asked Presiding Justice Tang to inhibit from the case due to questions on her impartiality.

Binay through her lawyers cited an Oct. 13, 2016 hearing when Tang was personally offended when Binay filed an omnibus motion for a re-raffle of the case to hold separate trials.

READ: Prosecutors nix Elenita Binay’s move for separate trials | Elenita Binay seeks separate trials

According to the transcript, Tang felt like the defense panel is questioning the court’s impartiality.

“If you are saying that there should be appearance of impartiality, you are somehow casting aspersions on the impartiality of this court,” Tang said during that hearing.

Binay said she was “astounded” by the Tang’s “adverse reaction” that gave the impression she was “personally offended” by the motion for a re-raffle of the consolidated case now before the Third Division.

“With all due respect, herein Accused submits that the foregoing statements of Presiding Justice Cabotaje-Tang give an appearance of bias and prejudice as to the handling of the cases,” Binay said in her motion.

“The demeanor of the Honorable Presiding Justice affects Accused Binay’s confidence that she will get a fair trial that respects her constitutional rights,” she added.

Binay asked the court to grant her motion for Tang to inhibit from the case “to rest all the apprehensions as to the personal inclinations of the Honorable Presiding Justice” and to “uproot vestiges of doubt on the impartial disposition of the cases against her.”

Dr. Binay, who was mayor from 1998 to 2001, was charged with violations of Section 3 (e) of the Anti-Graft and Corrupt Practices Act for causing undue injury to the government and giving unwarranted benefits to a private party, and malversation of public funds under Article 217 of the Revised Penal Code.

The graft and malversation cases stemmed from the alleged irregularities in the procurement of hospital beds worth P36.43 million in 2001 and P8.83 million worth of dry heat sterilizers in 2000 for the Ospital ng Makati.

Meanwhile, her husband also faces graft, malversation and falsification of public documents charges over his role in the allegedly overpriced Makati car park building when he was Makati mayor.

READ: Citizen Binay faces graft, malversation, falsification raps over Makati parking building

Dr. Binay sought Justice Tang’s inhibition from the case following her victory in two other Sandiganbayan divisions.

The Sandiganbayan Fifth Division granted her demurrer to evidence in her P21.7-million graft case over the alleged overpricing of furniture for the city hall in 2000.

Meanwhile, the Sandiganbayan Fourth Division acquitted her from graft in the alleged overprice of P13.25-million purchase of furniture for the city hall in 1999./rga

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