Elenita Binay seeks outright dismissal of Ospital ng Makati case

Former Makati City Mayor Elenita Binay has sought a leave of court at the Sandiganbayan to challenge the evidence of the prosecution in her case over the alleged anomalous purchase of beds and sterilizers for the Ospital ng Makati.

Binay filed a motion for leave to file demurrer to evidence at the Third Division, saying Ombudsman prosecutors failed to establish her guilt in the evidence it presented during the trial.

"Upon the most respectful submission that the Prosecution failed to discharge its burden of overcoming the Constitutional presumption of innocence in that it failed to present evidence that will prove the guilt of the accused beyond reasonable doubt, herein accused is entitled to file a demurrer to evidence," she said.

The wife of former Vice President Jejomar Binay was charged with two counts each of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act and malversation of public funds.

Binay allegedly had a hand in the irregular purchase of hospital beds and cabinets, and dry-heat sterilizers through direct contracting from Apollo Medical Equipment and Supplies and its proprietor Apollo Carreon.

Her lawyers argued the prosecution failed to prove the P45-million contract was anomalous and only made uniform allegations on the originality of the procurement documents.

The camp of Binay also said there was insufficient proof she conspired with her co-accused public officials in awarding the contract to Apollo Medical, the supposed exclusive distributor of the supplies.

"Accused has a strong case for the immediate dismissal of the captioned criminal cases for failure of the prosecution to discharge its burden of proving her guilt beyond reasonable doubt," Binay said.

"If only to spare her from the unnecessary burden, expense and anxiety of having to defend herself in a public trial, herein accused respectfully prays that she be granted leave," she added.

Opposition

However, the prosecution said it successfully presented its case against Binay and said all issues raised in her motion were already passed upon by the Sandiganbayan in the denial of her quashal motion.

It said the transaction with Apollo was indeed anomalous, noting the company had no license to operate and the hospital beds bared a different brand name.

The prosecution also rebuked Binay on her claim there was no conspiracy. It said it would impossible for the former mayor to be unaware of the transaction and thoughtlessly approve a contract that passed through her desk.

"She cannot simply make a stroke of the pen on every document presented to her and thoughtlessly rely on the acts of her subordinates. It is her primary duty to ensure that every penny that goes out of the coffers is based on a lawful, legal and regular transaction," the prosecution said.

Aside from this case, Binay faces graft charges in connection with the supposed anomalous purchase of office partitions and furniture worth P72.06 million in 1999 during her term as Makati mayor. —KG, GMA News