Elenita Binay opposes bid to drop cases vs. ex-Makati councilor Aspillaga

Former Makati Mayor Elenita Binay, wife of Vice President Jejomar Binay, has opposed the prosecution’s motion to drop the graft cases against her co-accused, former Makati councilor Ernesto Aspillaga, to present the latter as witness against her.

In a 19-page opposition paper submitted to the Sandiganbayan Fifth Division, Binay said the prosecution’s motion must be junked as “there is no absolute necessity” that the prosecution would be able to corroborate Aspillaga’s proposed testimony.

Aspillaga is the co-accused of Mrs. Binay in two counts of violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices.  

The cases stemmed from the alleged anomalous purchase of office furnishings for the Makati City Hall amounting to P72.06 million during Mrs. Binay’s incumbency as Makati City mayor in 2006.

Binay also maintained that Aspillaga “is the most guilty among all of the accused.”

In a motion submitted last month, state prosecutors asked the Fifth Division to allow Aspillaga to be discharged from the case as they intend to present him as state witness against Binay.

The prosecution pointed out that Aspillaga has already been admitted under the Department of Justice’s (DOJ) witness protection program (WPP) following his testimony before the Senate blue ribbon subcommittee in connection to the alleged corruptions in Makati City involving the Binays.

The prosecution pointed out that under Section 12 of Republic Act 6981 or The Witness Protection, Security and Benefit Act, a person admitted to the WPP has the benefit of being discharged from a present case.

The prosecution has attached in its motion a letter from Senior Assistant State Prosecutor Ma. Nerissa Molina-Carpio, WPP assistant director, certifying that Aspillaga has already been admitted in the progam.

The prosecution further argued that "there is absolute necessity" to discharge Aspillaga from the case as he has first-hand knowledge of the alleged anomalous transaction given his position as the former head of the Makati government’s General Services Department (GSD) and a member of the city government’s Bids and Awards Committee.

"He will provide direct evidence that the bidding was simulated or rigged upon orders of accused Elenita Binay,” the prosecution said.

The prosecution said Aspillaga’s testimony can be corroborated by the officials of the Commission on Audit (COA) who have earlier testified that “there was excessive procurement carried out through a sham bidding."

Binay, in her opposition paper, however, maintained that no documentary evidence and testimonies earlier presented by the prosecution before the court can corroborate Aspillaga’s testimony contained in a sworn affidavit executed on July 16, 2015.

"Such allegations are absolutely self-serving and are solely made for the purpose of securing immunity after Accused Aspillaga, with the advice of competent counsel, made, under oath, admissions against his interest during one of the never-ending hearings conducted by the Senate Blue Ribbon Subcommittee," Binay said.

The trial of Binay’s graft cases in connection with the purchase of the office furnishings has long ended, but Binay filed a demurrer to evidence or a motion to dismiss the case based on the totality of the prosecution’s supposed weak evidence.  

Binay’s demurrer is still pending before the court.

Aside from her cases before the Fifth Division, Binay is also facing one count of graft before the Fourth Division in connection with the alleged anomalous purchase of P13.25-million worth of panel partitions, accessories and assorted pieces of furniture for the Makati City Hall in 2000.

At the Third Division, meanwhile, Binay is facing malversation and graft raps in relation to the alleged anomalous purchase of P45-million worth of hospital beds and medical supplies also in 2000 and 2001.

Binay had earlier posted bail for all the charges. —KBK, GMA News