Ombudsman hit for reviving cases vs Binay wife

MANILA, Philippines - The camp of Vice President Jejomar Binay yesterday hit the ombudsman for reviving dismissed cases against his wife and former Makati mayor Elenita Binay.

Elaine Hernandez, lawyer for Elenita, slammed Ombudsman Conchita Carpio-Morales for resurrecting a case dismissed by the former ombudsman six years ago and adding two complaints, one of which was based on an alleged incident that happened 15 years ago.

Hernandez said the cases were included in a recent motion filed by the ombudsman before the Sandiganbayan to admit amended information against Elenita.

Elenita was charged with graft before the court’s Fifth Division in connection with the alleged anomalous purchase of office partitions and furniture worth P72.06 million in 1999 during her incumbency as Makati mayor.

Hernandez said the revival of these previous cases violates Section 20 of Republic Act 6770 or the Ombudsman Act of 1898, which prohibits Morales from conducting an investigation based on a complaint filed “one year from the occurrence of the act or omission complained of.”

She said the complaint involving the purchase of two units of cryosurgical pressure and volumetric pressure pump for the Ospital ng Makati, filed seven years ago against Elenita and other Makati City officials, was dismissed by the Office of the Ombudsman for lack of evidence on Sept. 24, 2009.

Hernandez said the special prosecutor of the Office of the Ombudsman reinstated Elenita as one of the accused through a memorandum dated May 11, 2015.

“Worse, they did not even bother to inform her that her name has been inserted. That is a clear violation of her right to due process,” Hernandez said.

In September 2014, Hernandez said the Office of the Ombudsman filed a case against Elenita involving an X-ray machine purchased for the Ospital ng Makati.

“This case was supposedly based on events that happened as early as 1999 to 2000, and based on findings included in a Commission on Audit report dated April 19, 2002. It took the complainant 14 years to file the cases,” she said.

The ombudsman recently filed another case against Elenita, this time involving fetal monitors for the Ospital ng Makati, Hernandez said.