Sandiganbayan junks Elenita Binay's P72-M graft case

The Sandiganbayan has dismissed the graft case filed against former Makati City mayor Elenita Binay in connection with the alleged anomalous furniture purchases the city government made during her incumbency.

In a 31-page resolution, the anti-graft court's Fifth Division said it granted Binay's demurrer to evidence because the prosecution "failed to prove beyond a reasonable doubt" that she violated Section 3(e) of the Anti Graft and Corrupt Practices.

A demurrer, which Binay filed on March 21, is a pleading seeking the outright dismissal of a case due to weak evidence from the prosecution.

"In the present case, the Prosecution failed to prove beyond a reasonable doubt that the accused Binay was motivated by malice, gross inexcusable negligence, or evident bad faith in approving the transaction," the court said in its June 10 resolution.

"After a careful examination and evaluation of the Prosecution’s evidence, and taking into account the Prosecution’s own admission that it had no direct evidence available for the proper prosecution of the charge against accused Binay, the Court finds the evidence against accused Binay insufficient to support a finding of guilt beyond reasonable doubt," it added.

Binay, wife of former Vice President Jejomar Binay, is accused of graft for allegedly rigging the procurement of office partitions and furniture worth P72.06 million in 1999 when she was Makati mayor.

According to the Sandiganbayan, the prosecution failed to present the necessary evidence to prove that Binay acted with "manifest partiality, evident bad faith or gross inexcusable negligence" when she awarded the contract through a rigged bidding.

It also noted that the defense was able to present the minutes of the bidding contrary to the prosecution's claim that no such bidding took place. It said the minutes was signed by no less than Binay herself and other local officials.

"While it is asserted by the Prosecution that no bidding actually took place, the Minutes of the Bidding dated September 17, 1999 shows otherwise," the court said, adding the bidding happened on September 17, 1999.

The resolution was penned by Associate Justice Rafael Lagos and concurred in by Associate Justices Maria Theresa Mendoza-Arcega and Mary Ann Corpuz-Manalac.

Aside from this case, Binay is also facing trial for graft and malversation before the court's Third Division over the alleged anomalous purchase of beds and sterilizers for the Ospital ng Makati worth P45 million. --KBK, GMA News