MANILA, Philippines — The Sandiganbayan has denied the motion of ombudsman prosecutors to prohibit former vice president Jejomar Binay from participating in the pre-trial of his graft and falsification cases in connection with the allegedly anomalous construction of the P1.3-billion Makati Science High School building.
“Rules of procedure are mere tools designed to expedite the resolution of cases and other matters pending in court. A strict and rigid application of the rules that would result in technicalities that tend to frustrate rather than promote justice must be avoided,” the anti-graft court’s Fifth Division said in a resolution promulgated on June 21.
The court ruled on the prosecution’s motion to declare Binay to have waived his right to participate in the identification and marking of exhibits during preliminary conferences.
The prosecution filed the motion after Binay’s legal counsel failed to attend a preliminary conference on May 11.
Under the court rules, only the exhibits and list of witnesses properly marked and identified during preliminary hearings are allowed to be presented during the trial proper.
In his comment to the prosecution’s motion, Binay said he has no intention to waive his right to participate in the pre-trial proceedings.
He apologized to the court and explained that his lawyer unintentionally failed to attend the conference as the latter had a scheduled hearing in another division of the Sandiganbayan on the same day.
Binay pointed out that his lawyer has been religiously attending the previous conferences set by the court.
The Sandiganbayan reminded Binay’s defense team to be mindful of the conference dates to ensure their attendance.
The next pre-trial conference was set on July 20.
Binay and his son, former Makati mayor Jejomar Erwin Binay Jr., are facing charges of graft and falsification of public documents.