Former Makati City mayor Elenita Binay (in red) at the Sandiganbayan NINO JESUS ORBETA / PHILIPPINE DAILY INQUIRER
The Sandiganbayan has denied the government’s appeal against the acquittal of former Makati City Mayor Elenita Binay over the P21.7-million city hall furniture contract in 2000.
In a resolution dated May 8, the antigraft court’s Fifth Division said it could not reverse the Oct. 28 decision that granted Binay’s demurrer to the evidence because it amounted to an acquittal.
“Generally, any further prosecution of the accused after an acquittal would violate the constitutional proscription on double jeopardy,” read the resolution signed by Justices Rafael R. Lagos, Ma. Theresa Dolores C. Gomez-Estoesta and Geraldine Faith A. Econg.
Interestingly, Gomez-Estoesta and Econg dissented from the October decision to grant the demurrer, under the opinion there was enough evidence to substantiate the charge.
But they were outnumbered by three other magistrates: now-retired Justices Roland B. Jurado and Jose R. Hernandez and now-Supreme Court Justice Samuel B. Martires.
However, the court said the decision could no longer be appealed and could only be reviewed by the Supreme Court through a petition for certiorari.
The court granted Binay’s demurrer on the ground that prosecutors failed to prove there was a conspiracy to rig the bidding in favor of supplier Asia Concept International Inc.
Prosecutors also failed to prove that the bidding led to overpricing of P2.78 million and excessive purchases worth P5.91 million, the court added.
OsMak trial postponed
But Binay still has to face another corruption case over the purchase of P45 million worth of hospital beds and sterilizers in 2000 and 2001.
The antigraft court’s Third Division, however, postponed the beginning of the trial in order to give the Supreme Court a 10-day period to decide whether to stop the trial.
The court postponed the trial after Binay petitioned the Supreme Court over the inhibition of Presiding Justice Amparo M. Cabotaje-Tang and the reraffle of her four cases to separate divisions.
“If after a period of 10 days, no temporary restraining order is issued by the Supreme Court, the court will proceed with the case,” Tang said in an open court hearing.
Should Binay fail to secure the stay order, the trial will begin on June 20.
The former mayor’s trial was supposed to have begun on Oct. 13 but it was repeatedly delayed after she sought a reraffle of her cases to different divisions.
Binay said separate divisions should handle the four cases regarding Ospital ng Makati (OsMak) to avoid prejudgment.
In November, Binay asked Tang to recuse herself because she allegedly gave an “appearance of bias and prejudice.”