Sandiganbayan affirms dismissal of Elenita Binay’s P21.7-M graft case

The Sandiganbayan has affirmed its decision to dismiss the graft case against former Makati mayor Elenita Binay in connection with the alleged anomalous purchase of office partitions and furniture worth P21.7 million during her term as mayor.

In a five-page resolution, the anti-graft court's Fifth Division denied the prosecution's motion for reconsideration on the court's decision granting the demurrers to evidence filed by Binay.

Binay was accused of rigging the bidding for the procurement of P21.7 million worth of office partitions and furniture in 2000 in favor of Asia Concept International Inc.

The Ombudsman said the supposed manipulation of the bidding resulted in excess purchases worth P5.9 million and/or overprice amounting to P2.7 million.

But the court, in its decision, said the prosecution failed to “satisfactorily establish” that Binay acted with evident bad faith in awarding the contract to Asia Concept, that she conspired with company officials, and that she caused undue injury to the government through the deal.

The court affirmed this conclusion in its new resolution, saying that a re-examination of the case cannot be made.

"[A]n order granting the accused's demurrer to evidence is a resolution of the case on the merits, and it amounts to an acquittal. Generally, any further prosecution of the accused after an acquittal would violate the constitutional prescription of double jeopardy," the court's resolution read.

The court added that even if the prosecution argues that the former erred in granting the demurrer to Binay, reviewing the decision is not available.

"A consideration... would necessitate this Court to re-calibrate and re-examine the probative value and weight evidence adduced by the prosecution that may possibly alter the result of the questioned Decision," the court said.

"This cannot be done, as this Court can no longer subject to its own review any error of judgment made in the resolution of the demurrer," it added.

Apart from this, Binay was also charged with graft before the Fifth Division in connection with the alleged anomalous purchase of office partitions and furniture worth P72.06 million in 1999 during her incumbency as Makati mayor.

A trial for the case was set on Wednesday to cross-examine former Makati vice mayor Ernesto Mercado.

However, after the defense panel manifested that they have no cross-examination for Mercado, the trial was canceled and postponed to a later date.

Binay is also facing trial for graft and malversation before the Third Division over the alleged anomalous purchase of beds and sterilizers for the Ospital ng Makati worth P45 million.

She is currently in Israel with her husband, former Vice President Jejomar Binay, for a pilgrimage until May 29. — RSJ, GMA News