Start of Elenita Binay's trial moved as camp seeks re-raffle of cases

The start of former Makati mayor Elenita Binay’s trial for graft and malversation has been moved to November after the Sandiganbayan cancelled the hearings scheduled next week pending the resolution of her motion for the conduct of a separate trial and to have her cases re-raffled.

The anti-graft court’s Third Division cancelled the trial dates on Oct. 17 and 20 during Thursday’s hearing to give state prosecutors time to file their opposition to Mrs. Binay’s motion, which was filed on Oct. 10.

Mrs. Binay’s trial would start on Nov. 22 and 23 after the court resolves her motion.

The wife of former Vice President Jejomar Binay, through her lawyers, asked the court to re-raffle the four pending cases it will hear involving her in order to “fully protect [her] constitutional rights.”

She said the cases must be returned to the raffling committee of the Sandiganbayan because proceeding with the trial of all four cases together “is contrary to well-settled legal principles.”

“In the instant case, it is most respectfully submitted that the consolidation of cases by the raffling committee created an impression, with due respect, of pre-judgment to the prejudice of the rights of the accused to due process and to be presumed innocent until the contrary is proved,” Mrs. Binay motion said.

Mrs. Binay is facing graft and malversation charges in connection with the alleged anomalous purchase of beds worth P36.43 million and P8.83-million worth of medical equipment for the Ospital ng Makati (OsMak) in 2001 without holding public bidding.

The transactions occurred during her stint as city mayor.

During Thursday’s hearing, Presiding Justice Amparo Cabotaje-Tang asked Mrs. Binay’s lawyers for the legal basis of their motion because their request for re-raffling practically implies that the Third Division inhibit from the cases.

In response, Mrs. Binay’s legal counsel said the motion was made due to the “political color” that had surrounded the cases.

To this, Justice Cabotaje-Tang replied: “Are you telling the court that it will likewise be swayed by political considerations?”

Mrs. Binay’s lawyers, however, maintained that they just wanted to protect the rights of the accused by seeking a re-raffle of the cases and the conduct of separate trials.

In her motion, Mrs. Binay said the conduct of joint trial for the four cases “may create an impression of inordinate interest on the part of the honorable court in the litigation of these cases,” considering that it stressed during the raffle of cases against her husband last July 15 that it will be neutral in handling cases.

“That the Honorable Court felt the need to comment on the cases, absent any prior comment or question thereon by the accused, may create doubt on the neutrality of the honorable court over herein accused’s cases,” the former mayor said.

Mrs. Binay said separate trials should be conducted for her cases to prevent confusion in the presentation and appreciation of evidence, and to give her a chance of better preparing for her defense.

Mr. Binay is is facing four counts of graft, nine counts of falsification of public documents and one count of malversation of public funds before the Third Division in connection with the allegedly anomalous construction of the P2.28-billion Makati parking building.

Justice Cabotaje-Tang said the consolidation of Mrs. Binay’s cases was made upon the recommendation of the Sandiganbayan’s legal service.

“The court does not simply consolidate the cases. It also establishes the need and practicality. It is not the result of a mere whim or caprice,” she said.

The justice took Mrs. Binay’s lawyers to task for filing the motion so close to the start to the trial.

“You are contributing to the delay in the resolution of the cases,” Cabotaje-Tang said after state prosecutors pointed out that the trial was due to start Monday next week when they were informed they have five days to file their opposition.

Mrs. Binay’s lawyers took responsibility for the timing of filing the motion and apologized to the court for it. —KBK, GMA News