Sandigan acquits Elenita Binay of graft

MANILA, Philippines — After 11 years of legal battle, former Makati mayor Elenita Binay was acquitted yesterday of graft and malversation over the allegedly anomalous procurement of P9.9 million worth of medical equipment for the Ospital ng Makati (OsMak).

During promulgation of the 11-year-old case, the Sandiganbayan’s Fourth Division cleared Binay along with former city treasurer Luz Yamane-Garcia, former General Services Department head Ernesto Aspillaga, former OsMak Obstetrics-Gynecology Department chief Mabel Asunio and GSD medical section supply and property inspector Lilia Nonato “as the act or omission from which the civil liability might arise did not exist.”

Binay and Yamane were also acquitted of malversation charges.

The Sandiganbayan said state prosecutors failed to prove their guilt beyond reasonable doubt.

However, former Makati Committee on Canvass members Jaime delos Reyes and Conrado Pamintuan were convicted of graft.

They were sentenced to up to eight years in prison and perpetually disqualified from holding public office.

The anti-graft court also dismissed the malversation charges filed against Aspillaga, Asunio, Nonato, Pamintuan and Delos Reyes.

The Office of the Ombudsman filed the complaints in 2012 in connection with the allegedly anomalous procurement of P9.9 million worth of cryosurgical machines for the OsMak when Binay was mayor from 2000 to 2001.

The ombudsman said the contract was awarded to Apollo Equipment and Supplies without public bidding as required under Republic Act 9184 or the Government Procurement Reform Act.

The ombudsman said no delivery was made to the city government, but payment was released to Apollo in the amount of P9.54 million, with a net tax of P360,000.