Former Makati mayor appeals arraignment, cites court petitions

2

Vice President Jejomar Binay’s wife, Elenita, is asking the anti-graft court Sandiganbayan’s Third Division to reverse its ruling that set reading of charges against her.

Her arraignment in two cases, each consisting of one count of graft and malversation, did not push through last November 20 as she expressed her intention to appeal the ruling.

Mrs. Binay also asked the anti-graft court’s Third Division to require the Ombudsman to explain why it “failed” to file with the Sandiganbayan copies of her counter-affidavits in preliminary investigations of the cases.

In an eight-page motion for reconsideration/clarification, her camp said she has a pending petition for certiorari before the Supreme Court (SC), wherein she asked that, pending the petition, a preliminary injunction/temporary restraining order (TRO) be issued on the Sandiganbayan and Office of the Special Prosecutor (OSP).


Attached to the pleading was the 44-page petition, which challenged her inclusion in the amended graft and malversation charges early this year in connection with the allegedly overpriced purchase of hospital beds for Ospital ng Makati when she was Makati City (Metro Manila) mayor.

Last November 20, before the scheduled arraignment, Mrs. Binay had filed before the SC a motion to resolve her petition, which was attached to the pleading.

She also intends to question before the SC the graft and malversation charges against her over the allegedly anomalous purchase of medical equipment and supplies.

Just like in the above-mentioned petition, “Dr. Binay will also raise the issues of the Ombudsman’s unwarranted review of the final and executory cases against her . . . unwarranted review of the dismissal of the criminal charges against her, without any notice and opportunity to be heard, and inordinate delay in resolving the criminal complaints.”

She said her constitutional rights to due process and to speedy disposition of cases have been violated that, she said, “undeniably demonstrate capricious and whimsical exercise of judgment . . . amounting to lack or excess in jurisdiction.”

Mrs. Binay stressed the need for the Sandiganbayan to reconsider its ruling in order to protect her right to be free from “unwarranted and vexatious prosecution.”

The anti-graft court’s Third Division reset the arraignment to January 29 next year.

Share.
.
Loading...

Please follow our commenting guidelines.

2 Comments

  1. I for one would love to read what she says about this. How will she explain i didnt do this. yes the money was spent & yes its to much but i had nothing to do with it. There is either evidence to show her name is attached to this or there isnt. If there is get her in court asap. I think like her husband they are both lying cheating thieves & should spend many years in jail. I hate these people who steal from this country, they have no shame. Now if she is innocent she should say lets get this in court as i have evidence to prove my innocence. But let us people see this evidence as i for one dont believe a word any of these binays say. They try to misdirect us, its like my stepson is a magician & in doing his magic he uses misdirection, & these corrupt politicians also do that. Thats what they could do when released from prison they could become magicians & make a living that way.

  2. Eliseo Jr. P. Tenza on

    There are many ways to delay justice in the Philippines. That is why criminal cases takes a long time to resolve cases. Imagine 18 years for the Ozone fire. Maguindanao massacre is now 5 years still unresolved. Now ex Mayor Binay’s corrupt cases are being delayed because of she has brought the case to the supreme Court.
    Who is deciding the Justice system in the Philippines? Is it the /senate or the Justice Department. Please review the system otherwise we will lose the country to thieves and criminals. It is happening already.