Sandigan clears Binay in P 9.9-M graft case

The Sandiganbayan has cleared former Makati City Mayor Elenita Binay, wife of former Vice President Jejomar Binay, of graft and malversation charges over the allegedly anomalous purchase of medical equipment worth P9.9 million for the Ospital ng Makati (OsMak) more than two decades ago.

Also cleared of both charges in the decision promulgated by the court’s Fourth Division on Monday were Luz Yamane-Garcia, former Makati City treasurer; Ernesto Apillaga, former head of the city’s General Services Department; Mabel Asunio, former head of OsMak’s Obstetrics and Gynecology department; and Lilia Nonato, medical section supply and property inspector.

Two other coaccused of the 80-year-old Binay—Conrado Pamintuan, a former city supply officer, and Jaime delos Reyes, a former city administrative officer—were also cleared of malversation charges but found guilty of graft. Both said they would appeal their conviction.

According to the court, state prosecutors failed to prove Binay’s guilt beyond reasonable doubt and provide sufficient evidence against her.

The decision was penned by Associate Justice Lorifel Lacap Pahimna, with Associate Justices Michael Frederick Musngi, the division chair and Bayani Jacinto concurring.

A full copy of the decision has yet to be made public by the Sandiganbayan as of writing time.

The case was based on the allegedly irregular purchase of P9.9 million worth of hospital equipment for OsMak in 2000 and 2001, with prosecutors claiming the procurement did not undergo public bidding.

Breaker

Binay served as Makati mayor from 1998 to 2001, succeeding her husband.

The case against her was dismissed by the Ombudsman in 2011 for lack of evidence. But her coaccused filed a motion for reconsideration, prompting the court to direct the Office of the Special Prosecutor to act on their motion. The special prosecutor again included Binay in its resolution dated Aug. 29, 2013.

In June 2021, the Sandiganbayan cleared her of another graft and malversation case over the 2000 and 2001 purchase, through negotiated contract, of 172 hospital beds, 202 bedside cabinets, 10 intensive care unit beds and four orthopedic beds worth P36 million.

The court’s Special Third Division said the prosecution failed to prove her guilt beyond reasonable doubt.

In November 2022, the Sandiganbayan denied Binay’s plea to file a demurrer to evidence in which she sought the outright dismissal of her case due to the prosecution’s supposedly weak evidence against her.

She then filed a motion contesting the court resolution, arguing that the prosecution’s documentary evidence against her was “inadmissible” and without probative value. She also claimed that they failed to present “competent” witnesses to testify on the evidence presented against her.—WITH A REPORT FROM INQUIRER RESEARCH