Prosecutors are blocking Vice President Jejomar Binay’s wife Elenita’s appeal to reverse a Sandiganbayan Third Division’s ruling that had set reading of charges against her.
Mrs. Binay’s arraignment in two cases, each consisting one count of graft and malversation, did not push through last November 20 as she expressed her intention to appeal the division’s resolution.
In her motion for reconsideration/clarification, she 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).
The petitions challenged her inclusion in 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 mayor of Makati City (Metro Manila).
Mrs. Binay said she intends to question before the SC the graft and malversation charges against her over the allegedly anomalous purchase of medical equipment and supplies.
But prosecutors handling the case opposed her appeal, saying Dr. Binay did not present any justifiable reason to further suspend proceedings.
According to them, the Rules of Court provide that petitions for certiorari, prohibition or mandamus “shall not interrupt the course of the principal case unless a temporary restraining order or a writ of preliminary injunction has been issued against the public respondent from further proceeding in the case.”