The Sandiganbayan Fifth Division has allowed former Makati City Mayor Dr. Elenita Binay, wife of former Vice President and Makati Mayor Jejomar “Jojo” Binay, to challenge the evidence of the prosecution in her overpriced furniture and partitions case.
This was after her motion to file demurrer to evidence was granted by the anti-graft court in a resolution promulgated on March 12.
Mrs. Binay is facing a graft charge together with former Makati Councilor Salvador Pangilinan, former City Administrator Luz Yamane, former Treasurer Ernesto Aspillaga, and several others due to the reportedly anomalous purchase of furniture and partitions from September to November 1999.
They awarded the contract for the supply and delivery of panel fabric partition and connector brackets for the furnishing of the New City Hall of Makati to Li Yee Shing, Jason Li, and Vivian Edurise – all officers of Office Gallery International Inc. – seven days in advance of the alleged date of bidding.
As a result, furniture and partitions amounting to P21,536,873.07 were purchased in excess, so Office Gallery International received unwarranted benefits amounting to P72,065,037.25.
In her motion to file demurrer to evidence, Mrs. Binay contested that neither the documentary evidence in the case, nor the testimonies of the prosecution witnesses, can justify conviction at this stage.
She argued that her charge sheet failed to show conspiracy among all of the accused, which was why the case against private individual Edurise was quashed.
“Upon the 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,” her motion said.
After a thorough consideration of the prosecution’s evidence, the Sandiganbayan felt inclined to grant Binay’s motion. (Czarina Nicole Ong-Ki)