Binay camp hails Sandigan ruling
November 1, 2006 | 12:00am
Makati City Mayor Jejomar Binays camp lauded the Sandiganbayan yesterday for its decision to dismiss a graft complaint filed against him by a political rival.
Emmanuel Tamase, Binays lawyer, said the swift dismissal of the case proved that there was no basis for the Office of the Ombudsman to lodge the case.
"The Sandiganbayans dismissal of the case is a most welcome development. It confirms what we have been arguing all along," Tamase said.
"There was no probable cause to warrant the filing of a case against Mayor Binay and that the Ombudsmans resolution, instead of dealing with hard evidence, was fraught with wrong legal conclusions."
In a five-page resolution handed down last Monday, the Sandiganbayans third division ruled there was no probable cause to prosecute Binay and that the information on which the case was based was "fatally defective."
The decision was penned by Associate Justice Godofredo Legaspi with Associate Justices Efren dela Cruz and Norberto Geraldez concurring.
Binays camp had asked the Sandiganbayan to send the complaint back to the Ombudsman because the latter allegedly violated the rules on due process when it refused to hear a motion for reconsideration.
"The information in this case is bereft of facts supporting the allegations of evident in bad faith, manifest partiality or gross inexcusable negligence," Tamase said.
Emmanuel Tamase, Binays lawyer, said the swift dismissal of the case proved that there was no basis for the Office of the Ombudsman to lodge the case.
"The Sandiganbayans dismissal of the case is a most welcome development. It confirms what we have been arguing all along," Tamase said.
"There was no probable cause to warrant the filing of a case against Mayor Binay and that the Ombudsmans resolution, instead of dealing with hard evidence, was fraught with wrong legal conclusions."
In a five-page resolution handed down last Monday, the Sandiganbayans third division ruled there was no probable cause to prosecute Binay and that the information on which the case was based was "fatally defective."
The decision was penned by Associate Justice Godofredo Legaspi with Associate Justices Efren dela Cruz and Norberto Geraldez concurring.
Binays camp had asked the Sandiganbayan to send the complaint back to the Ombudsman because the latter allegedly violated the rules on due process when it refused to hear a motion for reconsideration.
"The information in this case is bereft of facts supporting the allegations of evident in bad faith, manifest partiality or gross inexcusable negligence," Tamase said.
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