Elenita Binay asks SC to bar Sandigan chief from handling her cases

MANILA, Philippines — Elenita Binay, wife of former vice president Jejomar Binay Sr. is not giving up on her bid to have the head of the anti-graft court Sandiganbayan excluded from handling her graft and malversation cases in connection with several alleged anomalous procurements during her term as Makati mayor.

In her 49-page petition for certiorari dated May 12, Mrs. Binay asked the Supreme Court to issue a ruling directing Sandigabayan Presiding Justice Amparo Cabotaje-Tang to inhibit from handling her cases of two counts violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act and another two counts of malversation of public funds under Article 217 of the Revised Penal Code (RPC).

The cases stemmed from the alleged anomalous purchase of hospital beds worth P36.43 million in 2001 and autoclave sterilizers worth P8.83 million in 2000 for the Ospital ng Makati or OsMak during Mrs. Binay's term as the city mayor.

The case are pending before the anti-graft court's Third Division chaired by Tang.

In her petition, Mrs. Binay, through her legal counsels, said she has already lost confidence that she will get a fair trial by a court chaired by Tang, after the latter allegedly displayed biases against her during a previous hearing of her motion asking for the re-raffle of the cases.

Mrs. Binay recounted that during the hearing on October 13, 2016, Tang displayed an “impassioned demeanor” as the latter allegedly made “emotionally charged interpellations” while her lawyer was still expounding on why they are seeking for the re-raffle of the cases.

During the said hearing, Tang questioned Mrs. Binay's lawyers of the legal basis for asking for re-raffle of the cases to other divisions and clarified if Binay's camp was “somehow casting aspersion on the impartiality” of her division.

Mrs. Binay's motion to re-raffle the cases as well as her motion for Tang's recusal were eventually denied by the Third Division on Jan. 13, 2017. The Third Division affirmed its ruling on March 22.

In her petition before the SC, Mrs. Binay also lamented the Third Division's demeanor of releasing a copy of its January 13 resolution to the media first.

Mrs. Binay said she learned of the denial of her motions through online news reports published on January 16 while the court furnished her a copy of its decision only on January 17.

The former mayor also slammed Tang's statement in the resolution that the filing of her motion for re-raffle was only meant to delay the proceedings.

Mrs. Binay said such statement, as well as Tang's demeanor during the hearing, “promote disbelief in the impartiality” of the judges as the “pillars of justice”.

“A judge should be patient, attentive, and courteous to lawyers, especially the inexperienced, to litigants, witnesses, and others appearing before the court,” Mrs. Binay's petition read, quoting a provision from the Code of Judicial Conduct.

“A judge should avoid unconsciously falling into the attitude of mind that the litigants are made for the courts, instead of the courts for the litigants,” it added.

Mrs. Binay further maintained that the Third Division erred in its ruling turning down her motion to re-raffle the cases and instead conduct a single trial for all the charges.

She maintained that her graft and malversation cases over the purchase o hospital beds have separate sets of respondents, evidence and witnesses from her graft and malversation cases over the purchase of the sterilizers.

“The consolidation of the four cases will result in undue prejudice that will affect the determination of guilt of the Petitioner,” Mrs. Binay said.

She also urged the SC to issue a writ of preliminary injunction and/or temporary restraining order directing the Third Division to defer the proceedings of the cases until her petition for certiorari is resolved by the high tribunal.

Mrs. Binay is also facing a graft case before another Sandiganbayan division over alleged anomalous purchase of office partitions and furniture worth P72.06 million in 1999.