Binay files raps vs Trillanes, Mercado

MANILA, Philippines - With his presidential run threatened by corruption allegations, Vice President Jejomar Binay filed yesterday separate libel complaints with the Makati City prosecutor’s office against his principal accusers – Sen. Antonio Trillanes IV and former Makati vice mayor Ernesto Mercado.

In his five-page complaint, Binay said Mercado “publicly committed criminal wrongdoings” against him in a newspaper article.

In the article published on Jan. 22, Binay said Mercado “publicly spewed lies and defamatory statements” against him when the former vice mayor alleged that the Vice President had earned close to P200 million in kickbacks from a deal struck between the Boy Scouts of the Philippines and real estate developer Alphaland Corp. for the development of a one-hectare prime property in Makati City.

“The subject libelous statements falsely and maliciously impute on me, despite the utter lack of evidence, the commission of various crimes and violations of law, including but not limited to those defined and penalized under the Anti-Graft and Corrupt Practices Act,” Binay said.

“Said statements likewise imputed on me vices and defects, which caused me dishonor, discredit and contempt,” he added.

Meanwhile, in his four-page complaint against Trillanes, Binay said the senator on Aug. 19 publicly accused him of “perpetrating a P100 million racket a year in Makati involving ghost senior citizens.” Trillanes’ accusation was also published in a newspaper, Binay said.

Binay said Trillanes made the accusation in an attempt to derail his plans to seek the presidency in next year’s elections.

He also denied Trillanes’ allegations of “ghost” senior citizens in Makati City being enrolled in the city’s benefits program.

“Makati senior citizens personally apply and submit documents before they are enrolled.  They go through verification. Benefits are received personally,” he said.

Trillanes said he will not be cowed by the legal actions taken by the Vice President.

“He can do whatever he wants. I’ll just remain focused on exposing him and hopefully have him sent to jail,” he said.

‘Don’t hide behind immunity’

Meanwhile, Binay’s son, suspended Makati Mayor Jejomar Erwin “Junjun” Binay Jr. said Trillanes cannot invoke his parliamentary immunity in evading a libel charge against him.

The mayor sued Trillanes for saying in several interviews that he bribed members of the Court of Appeals to stop the enforcement of the Office of the Ombudsman’s suspension order over the alleged anomalies in the construction of the Makati City Hall Building 2.

Binay, accompanied by lawyer Claro Certeza, appeared at the Department of Justice (DOJ) yesterday to submit his reply-affidavit during the continuation of the preliminary investigation of the case.

In an interview with reporters, he said he decided to

pursue the charge against the senator since the latter failed to present proof of his bribery claim.

“That’s why we are here. It is not right to make baseless accusation that cannot be supported with evidence,” Binay said.

The mayor said he hopes the DOJ would be fair in resolving his complaint as he withdrew his motion questioning the earlier transfer of the case from the Makati City prosecutor’s office.

Binay also said that he would again run for mayor of Makati in next year’s elections.

In his 14-page reply, Binay rebutted the claim of the senator that he could not be indicted over his accusations against the mayor, supposedly because it was part of his legislative duties.

Binay argued that Trillanes cannot invoke immunity under Section 11, Article VI of the Constitution since he publicly made the claim when there was no investigation of the Senate on the supposed bribery.

Binay said that when the senator made the accusation before the media and the public outside the session halls of the Senate, “he shed any pretense of acting in the official discharge of his duties.”

He said Trillanes’ lies were “for the sole purpose of blackening my name and reputation, with the end in view of derailing my father’s presidential bid.”– With Marvin Sy