Law experts back Binay’s P200-M suit vs critics

MANILA, Philippines - Vice President Jejomar Binay’s P200-million damage suit against his detractors will benefit the country’s justice system, according to the dean of the San Beda Graduate School of Law.

On the other hand, the law dean of the University of the East said the civil case will bring the allegations of Binay’s critics within judicial scrutiny in accordance with the rules of evidence.

Fr. Ranhilio Aquino, San Beda Graduate School of Law dean, said the suit is a test of the integrity and morality of the country’s justice system.

“I would hope that for the sake of credibility, at least these cases be paid attention to,” he said.

In a text message, Amado Valdez, former University of the East law dean, said the case will separate hearsay from admissible evidence.

“Binay has the right to press charges against his accusers to level the playing field,” he said. “It is an inherent right of every individual to seek redress and damages. Sometimes offense is the best defense.” 

Aquino asked government prosecutors to take a careful look at the case.

“If this will be dismissed outright by the prosecutor, that will send disturbing signals to ordinary citizens, who will then say that if the voice of the Vice President is not heard, how much more if it involves complaints of ordinary people,” he said.

Valdez, Philippine Association of Law Schools president, cautioned Ombudsman Conchita Carpio-Morales against invoking her status as an impeachable official in evading the damage suit.

“The immunity defense is double-bladed,” he said. “Binay will be justified to invoke it as well.”

Named respondents in Binay’s civil suit before the Makati Regional Trial Court are Morales, Sens. Antonio Trillanes IV and Alan Peter Cayetano, former Makati vice mayor Ernesto Mercado, Caloocan City Rep. Edgar Erice, Anti-Money Laundering Council (AMLC) executive director Julia Bacay-Abad, Mario Hechanova, Renato Bondal; Nicolas Enciso IV, Philippine Daily Inquirer, Bangko Sentral ng Pilipinas governor Amando Tetangco Jr., Securities and Exchange Commission chief Teresita Herbosa and Insurance Commissioner Emmanuel Dooc.

Binay’s complaint alleged that the defendants colluded to malign his name to make him back out of the 2016 presidential elections.

“Why support a person who had abandoned the country?”

Binay asked this question to the administration yesterday amid reports that it will back the presidential or vice presidential bid of Sen. Grace Poe next year.

Speaking at the birth anniversary of  Apolinario de la Cruz or Hermano Pule in Quezon province, he said Filipinos should contemplate whether they deserve the sacrifices made by heroes like Hermano Pule, especially those who have pledged allegiance to another country.

“It’s unbelievable that Filipinos who were born Filipino abandoned their country and became citizens of another country,” he said in Filipino.

“They will be willing to turn against their motherland if necessary because they already swore an oath to a foreign country.

“They (administration) said they love the Filipinos, but they are supporting a person who once abandoned the country.”

Speaking to reporters later, Binay merely shrugged and smiled when asked if he was referring to Poe.

Instead he asked reporters if they have read the oath of allegiance to the United States flag.

“It’s up to you to speculate…have you read the Oath of Allegiance of a naturalized (US) citizen?” he asked.

Poe had acquired US citizenship but she renounced it before being appointed to a government post in 2010.

She chaired the Movie and Television Review and Classification Board before becoming senator in 2013.

Erap on Binay

Manila Mayor Joseph Estrada said he would not have second thoughts of supporting Binay “all the way” if Poe is not his opponent in the 2016 presidential polls.

In an interview with Karen Davila on ANC television, Estrada said the accusations against Binay have not affected his decision to support him.

However, Estrada said the Sandiganbayan, not the Senate, is the proper forum to determine Binay’s guilt.

Estrada said he is still torn between Binay and Poe. – Edu Punay, Helen Flores, Jose Rodel Clapano