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VP Binay files P200-M damage suit vs. Trillanes, Cayetano, Mercado


(Updated 4:42 p.m.) Vice President Jejomar Binay on Monday filed a P200-million damage suit arising from alleged libelous statements against Senators Antonio Trillanes IV and Alan Peter Cayetano; Ombudsman Conchita Carpio-Morales; former Makati Vice Mayor Ernesto Mercado; and eight others.

The complaint was filed before the Makati Regional Trial Court.

Also included as defendants were Caloocan City Rep. Edgar Erice; Atty. Julia Bacay Abad, executive director of the Anti-Money Laudering Council (AMLC); Mario Hechanova; Renato Bondal; Nicolas Enciso IV; Philippine Daily Inquirer; Bangko Sentral ng Pilipinas head Amando Tetangco Jr.; Securities and Exchange Commission chief Teresita Herbosa and Insurance Commissioner Emmanuel Dooc.

In his complaint, Binay accused the 12 defendants, allegedly motivated by political ambitions, disdain and personal animosity towards him, and or greed for power and money, colluded to malign his name and reputation to force him not to run in the 2016 presidential elections.
 
“(Binay’s) name and reputation will be so blackened from the baseless and fabricated accusations against him that he will lose the trust and confidence of the voters in the next presidential elections,” he said. 
 
He said there was a well-funded and well-orchestrated campaign to maliciously accuse him of crimes and defects.
 
“Worse, the defendants, acting in concern, have caused much publicity of these false and baseless accusations—precisely to malign and discredit (Binay) before the public for the upcoming May 2016 elections,” he said.
 


Binay claimed that Cayetano, Trillanes, and Erice were designated as talking heads or attack dogs to publicly persecute him while Mercado, Hechanova, Bondal, and Encisco or the Mercado grpup are allegedly the paid witnesses against him.
 
On the other hand, he said the Inquirer was a “biased media outlet” while Tetangco, Herbosa, Dooc, Abad, and Carpio-Morales were designated as “government inquisitors” tasked to undertake a general fishing expedition using government resources against him.
 
He said Tetangco, Herbosa, Dooc, and Abad are members of the Anti-Money Laundering Council tasked to illegally examine his bank accounts to make it appear that he is engaged in illegal activities such as graft and corruption and money laundering and release the AMLC report to Cayetano for maximum media mileage.
 
He said Tetangco and Herbosa have direct links with high ranking members of the administration’s Liberal Party or its legal counsel. 
 
Carpio-Morales, on the other hand, was tasked to use her office in conducting a preliminary investigation on criminal complaint filed against him.
 
Binay also enumerated the supposed personal motives of the defendants against him. 

He said that Cayetano fears that if he will be elected President, the primary and biggest source of revenues for Taguig City will be lost. The cities of Makati and Taguig are in a legal battle over the jurisdiction of Fort Bonifacio.
 
Trillanes, on the other hand, has publicly admitted his deep and personal animosity against Binay when the latter allegedly backed out of his commitment to join the rebellion against then-President Gloria Macapagal Arroyo in 2007. The supposed rebellion failed due to lack of public support. 
 
Binay said that Mercado, Hechanova, Bondal, and Enciso, out of spite against him and his family, have consistently maligned him. 
 
He also said that there was an orchestrated persecution in motion which started with the Mercado group’s testimony in the Senate Blue Ribbon subcommittee. This was followed by the alleged malicious statements of Cayetano, Trillanes, and Erice and then the participation of AMLC and Ombusman in the investigation against him. 
 
The Vice President also enumerated the several media interviews of the defendants accusing him of corruption and the stories published by Inquirer allegedly casting aspersion against him. 
 
He said Cayetano, Trillanes, and Erice cannot hide under the cloak of parliamentary immunity because they made the statements outside the halls of Congress. 
 
Claiming that he suffered mental anguish, fright, serious anxiety, wounded feelings, and moral shock, Binay is asking for 100,000 million to alleviate his sufferings and for moral damages. 
 
He is also asking for P100,000 for exemplary damages and P1 million for attorney’s fees.

Lawyer Claro Certeza said they paid the P4 million filing fee through manager’s check.
 
He expressed hope that the complaint will prosper. “Umaasa tayo na magpo-prosper ito dahil malakas ang ebidensya na may collusion o connivance laban kay Vice President Binay,” he told GMA News Online over the phone.  
 
Other libel suit

In April, the vice-president's son, Mayor Junjun Binay, filed a libel complaint against Trillanes for allegations of corruption made about him and his family.
 
The said complaint was filed by Junjun Binay at the Office of the Makati City Prosecutor.

The Vice President and his camp have repeatedly denied all the corruption allegations hurled against them, saying these were part of an operation to diminish Binay's chances of winning in the 2016 presidential elections.

VP Binay and Junjun Binay were charged with plunder and graft in December 2014 for the alleged overpricing of the construction of the Makati City Science High School.

In July 2014, father and son were also charged with plunder and graft for the alleged overpriced construction of the Makati City Hall Building II.

Both building projects were bidded out when the vice president was city mayor and Junjun was city councilor.

Palace reacts

In Malacañang, presidential spokesperson Sec. Edwin Lacierda questioned Vice President Binay’s decision to file libel complaints against journalists.
 
The Palace official challenged lawyer Harry Roque, whose name is being floated as a possible senatorial candidate under Binay’s United Nationalist Alliance (UNA), to comment on the vice president’s move.
 
“Don’t they have a senatorial candidate-lawyer who wants to decriminalize libel? Why don’t media ask this candidate from VP Binay’s own party to comment on the filing of libel against journalists?” Lacierda said.

Panic

Trillanes, in a press statement, said the complaint filed by Binay only showed that the official was now in panic mode.

“Nagpapakita lang ito na nagpapanic na si VP Binay kaya sinusubukan na lang niyang takutin ang mga taong umuusig sa kanya,” Trillanes said.
 
The senator said the complaint would not stop him from exposing the graft allegedly committed by Binay. 
 
“Gayunpaman, haharapin natin itong kasong ito sa korte at ipagpapatuloy pa rin namin ang pagbubunyag sa mga katiwaliang ginawa niya,” Trillanes said.

Privilege

Erice expressed his willingness to face the P200-million libel suit filed against him and 11 others earlier in the day.
 
“[I’m] ready to fight him. It’s a privilege,” Erice told GMA News Online.
 
Erice, who’s one of Binay’s most outspoken critics, said he was prepared to face the libel suit if it was the result of his tirades against the Vice President.
 
“I am willing to suffer the consequences of fighting and exposing a trapo who did much harm to Makati and our country,” Erice said.

Meanwhile, lawyer Rawnsle Lopez of the Office of the Ombudsman Public Information Office refused to give a statement as of the moment, saying that they have yet to receive a copy of the complaint —With reports from Elizabeth Marcelo, Xianne Arcangel and Andreo Calonzo/KG/NB/TJD/RSJ, GMA News