Sandiganbayan denies Elenita Binay’s bid for recusal of top justice in hearing cases

The Sandiganbayan has denied former Makati mayor Elenita Binay’s request for Presiding Justice Amparo Cabotaje-Tang to recuse herself from handling her graft and malversation cases, saying there is no valid or just reason for the magistrate to do so.

In a 20-page resolution promulgated on Jan. 13, the anti-graft court’s Special Third Division also thumbed down Binay’s request to re-raffle her four pending cases to other divisions and hold separate trials for them.

The Sandiganbayan said the consolidation of the former mayor's cases was proper.

The wife of former Vice President Jejomar 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 in 2001 without holding public bidding.

Binay asked Tang to inhibit from hearing her cases over doubts on her impartiality and independence, saying the remarks that the magistrate made during a hearingin October last year gave "an appearance of bias and prejudice" against her.

The Sandiganbayan, however, said "bare allegations" of a judge/s partiality will not suffice, citing cases that have been decided by the Supreme Court.

"[T]he Supreme Court has said that bias and prejudice, to be considered valid reasons for the voluntary inhibition of judges, must be proved with clear and convincing evidence," the court said.

In Tang's case, the Sandiganbayan said she only asked Binay's counsel during the hearing whether the motion for re-raffle was a motion for inhibition and the legal basis for it since asking other divisions to handle the cases would have the effect of a recusal.

The court said Tang's statements and questions "do not evince even the slightest tinge of bias and prejudice."

"They were made simply to clarify matters which the Court found nebulous," it said.

Unless there is concrete proof that a judge has personal interest in the proceedings and the bias comes from an extrajudicial source, the Sandiganbayan said it will "always commence from the presumption that a magistrate shall decide on the merits of a case with an unclouded vision of its facts." — RSJ, GMA News