SC approves trial of former Makati City mayor

The Supreme Court has given the Sandiganbayan the approval to proceed with the trial for graft of former Makati City mayor Elenita Binay after dismissing her petition for the issuance of a temporary restraining order and the issuance of a preliminary injunction.

In her joint petition with former Makati City General Services chief Ernesto Aspillaga, Binay asked the SC to restrain the anti-graft court from proceeding with the hearing of her graft case on the ground that the Sandiganbayan had allegedly committed a grave abuse of discretion in affirming the prosecution’s position that the indictment was valid.

The court said the petition filed by Binay and Aspillaga was dismissed for failure to sufficiently show that any grave abuse of discretion was committed by the Fourth Division of the Sandiganbayan in rendering its July 27, 2007 decision which upheld the graft case against Binay for the alleged anomalous purchase of furniture for the new Makati City Hall worth P13.25 million between December 1999 and February 2000.

The Sandiganbayan earlier affirmed the prosecution’s position that the indictment was valid and had conformed with the requirements of form and substance.

The Sandiganbayan also denied Binay’s motion to quash the complaint that she filed jointly with her co-accused, Aspillaga on the grounds that it failed to specify the ground for the prayer to dismiss the case.

Binay and Aspillaga claimed that the Ombudsman’s finding of probable cause was based on mere legal conclusions that were not supported by facts. They, said this made the case information fatally deficient.

It can be recalled that the graft case against Mrs. Binay stemmed from the complaint before the Office of the Ombudsman filed by former Makati City vice mayor Roberto Brillante, a known political opponent of incumbent Makati Mayor Jejomar Binay.

In its investigation, the Office of the Ombudsman said the bidding held on Sept. 5, 2001, was “simulated” and “rigged” to favor Office Gallery International for the procurement of office furniture and office partitions for the new Makati City Hall (18th to 20th floors) amounting to P60.4 million under disbursement voucher 5581 dated Dec. 19, 2001 and covered by Purchase Order 12186. The Office of the Ombudsman said that as a result of the “simulated” bidding, the purchases were overpriced by P9.6 million.